Kerala High Court
Brijesh Kumar vs The Commissioner Of Police on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
W.P.(C) No.27772 OF 2020(V)
PETITIONER:
BRIJESH KUMAR,
AGED 41 YEARS, S/O VASU,
MARATHUPARAMBIL,
ANAKUZHY, PUTHUR, THRISSUR-680 014.
BY ADVS.SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE,
THRISSUR CITY, PATTALAM ROAD,
SAKTHAN THAMPURAN NAGAR,
VELIYANNOOR, THRISSUR-680 001.
2 SUB INSPECTOR OF POLICE,
NEDUPUZHA POLICE STATION, NEDUPUZHA,
KOORKENCHERY, THRISSUR 680 007.
3 MR. LEJU KUTTAN,
AGED 45 YEARS, THE PRESIDENT,
HEAD LOAD AND GENERAL WORKERS UNION(CITU),
POOL NO.19, THANKAMANIKAYATTOM,
KOORKENCHERY, THRISSUR-680 007.
4 MR. SURESH
AGED 47 YEARS
THE SECRETARY,
HEAD LOAD AND GENERAL WORKERS UNION (CITU),
POOL NO.19, THANKAMANIKAYATTOM, KOORKECHERY,
THRISSUR-680 007.
5 KERALA HEAD LOAD WORKERS WELFARE BOARD
JAI HINDU MARKET BUILDING, KURUPPAM,
THEKKINKADU MAIDAN, THRISSUR-680 001.
R5 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB
R1&R2 SMT A.C.VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH W.P.(C) NO.27787/2020(W), WP(C).27826/2020(C),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
W.P.(C) No.27787 OF 2020(W)
PETITIONER:
BRIJESH KUMAR,
AGED 41 YEARS, S/O VASU,
MARATHUPARAMBIL,
ANAKUZHY, PUTHUR, THRISSUR-680014.
BY ADVS.SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
THRUSSUR RURAL, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-680 003.
2 THE SUB INSPECTOR OF POLICE,
KORATTY POLICE STATION,
KORATTY,THRISSUR-680 308.
3 MR. THOMAS,
AGED 50 YEARS, THE PRESIDENT,
HEAD LOAD AND GENERAL WORKERS UNION (CITU),
POOL NO.1, KORATTY, THRISSUR-680 308.
4 MR. SHIBU,
THE SECRETARY,
HEAD LOAD AND GENERAL WORKERS UNION(CITU),
POOL NO.1, KORATTY, THRISSUR-680 308.
5 KERALA HEAD LOAD WORKERS WELFARE BOARD,
JAI HIND MARKET BUILDING, KURUPPAM,
THEKKINKADU MAIDAN, THRISSUR-680 001.
R5 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB
R1&R2 SMT A.C.VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH W.P.(C) NO.27772/2020(V) & W.P.(C)
NO.27826/2020(C), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
W.P.(C) No.27826 OF 2020(C)
PETITIONER:
BRIJESH KUMAR,
AGED 41 YEARS, S/O.VASU,
MARATHUPARAMBIL,
ANAKUZHY, PUTHUR, THRISSUR-680014.
BY ADVS.SRI.K.R.VINOD
SMT.M.S.LETHA
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
THRISSUR RURAL, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-680 003.
2 SUB INSPECTOR OF POLICE,
THALIKULAM POLICE STATION,
THALIKULAM, THRISSUR-680569.
3 MR. BALAN,
AGED 50 YEARS, THE PRESIDENT,
HEAD LOAD AND GENERAL WORKERS UNION (CITU),
POOL NO.18, THALIKULAM, THRISSUR-680 567.
4 MR. SHIBU,
AGED 52 YEARS, THE SECRETARY,
HEAD LOAD AND GENERAL WORKERS UNION (CITU),
POOL NO.18, THALIKULAM, THRISSUR-680 567.
5 KERALA HEAD LOAD WORKERS WELFARE BOARD,
JAI HIND MARKET BUILDING, KURUPPAM, T
HEKKINKADU MAIDAN, THRISSUR-680001.
R5 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB
R1&R2 SMT A.C.VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, ALONG WITH W.P.(C) NO.27772/2020(V) & W.P.(C)
NO.27787/2020(W), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
-4-
JUDGMENT
Since common issues are raised in these writ petitions, they
are heard together and are being disposed of by this common
judgment.
2. W.P.(C) No.27772 of 2020:- The petitioner is the
proprietor of the firm M/s.Brijesh Associates functioning in Oties
Building (Cashewnut factory) at Koorkenchery, Thrissur, which was
taken on lease from the owner of the said building. The petitioner
is having work order agreement with M/s.Amazon Transportation
Services Pvt. Ltd., with respect to the supply of the materials to
the respective customers, who had placed orders with Amazon, at
Koratty, Thalikulam and Koorkecherry in Thrissur District. The
petitioner has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding 1
and 2 to provide adequate and necessary police protection to the
petitioner and his employees for carrying out his business, without
being threatened or obstructed by respondents 3 and 4 and their
associates or any other headload workers.
2.1. On 15.12.2020, when this writ petition came up for
admission, this Court issued notice before admission to the
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
respondents. The learned Government Pleader took notice for
respondents 1 and 2. The learned Standing Counsel took notice for
the 5th respondent. Urgent notice by speed post was ordered to
respondents 3 and 4.
3. W.P.(C) No.27787 of 2020:- The petitioner is the
proprietor of the firm M/s.Brijesh Associates functioning in Valappi
Annam Shopping Centre at Koratty, Thrissur, which was taken on
lease from the owner of the said building. The petitioner is having
work order agreement with M/s.Amazon Transportation Services
Pvt. Ltd., with respect to the supply of the materials to the
respective customers, who had placed orders with Amazon, at
Koratty, Thalikulam and Koorkecherry in Thrissur District. The
petitioner has filed this writ petition under Article 226 of the
Constitution of India seeking a writ of mandamus commanding 1
and 2 to provide adequate and necessary police protection to the
petitioner and his employees for carrying out his business, without
being threatened or obstructed by respondents 3 and 4 and their
associates or any other headload workers.
3.1. On 15.12.2020, when this writ petition came up for
admission, this Court issued notice before admission to the
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
respondents. The learned Government Pleader took notice for
respondents 1 and 2. The learned Standing Counsel took notice for
the 5th respondent. Urgent notice by speed post was ordered to
respondents 3 and 4.
4. W.P.(C) No.27826 of 2020:- The petitioner is the
proprietor of the firm M/s.Brijesh Associates functioning in
Anaswar Building at Cherakara, Thalikulam in Thrissur, which was
taken on lease from the owner of the said building. The petitioner
is having work order agreement with M/s.Amazon Transportation
Services Pvt. Ltd., with respect to the supply of the materials to
the respective customers, who had placed orders with Amazon at
Koratty, Thalikulam and Koorkecherry in Thrissur District. The
petitioner has filed this writ petition under Article 226 of the
Constitution of India seeking a writ of mandamus commanding 1
and 2 to provide adequate and necessary police protection to the
petitioner and his employees for carrying out his business, without
being threatened or obstructed by respondents 3 and 4 and their
associates or any other headload workers.
4.1. On 15.12.2020, when this writ petition came up for
admission, this Court issued notice before admission to the
W.P.(C) Nos.27772 OF 2020(V), 27787 OF 2020(W)
& 27826 OF 2020 (C)
respondents. The learned Government Pleader took notice for
respondents 1 and 2. The learned Standing Counsel took notice for
the 5th respondent. Urgent notice by speed post was ordered to
respondents 3 and 4.
5. Today, when these cases are taken up for consideration,
it is submitted by the learned counsel for the petitioner that the
disputes have already been settled with the party
respondents-headload workers and as such, the petitioner do not
want to prosecute these writ petitions further.
Recording the aforesaid submission made by the learned
counsel for the petitioner, these writ petitions are dismissed as
withdrawn.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
