The Secretary vs The District Collector
2021 Latest Caselaw 957 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.16859 OF 2020(F)


PETITIONERS:

      1        THE SECRETARY, KSE EMPLOYEES CONGRESS (INTUC)
               IRINJALAKUDA, THRISSUR.

      2        THE SECRETARY, KSE EMPLOYEES SANGH(BMS)
               IRINJALAKUDA, THRISSUR.

               BY ADVS.
               SRI.K.JAJU BABU (SR.)
               SMT.M.U.VIJAYALAKSHMI
               SRI.BRIJESH MOHAN

RESPONDENTS:

      1        THE DISTRICT COLLECTOR, THRISSUR - 680001.

      2        THE SUPERINTENDENT OF POLICE, THRISSUR - 680001.

      3        THE DISTRICT MEDICAL OFFICER
               THRISSUR - 680 001.

      4        IRINJALAKKUDA MUNICIPALITY
               IRINJALAKKUDA, THRISSUR -680 121,
               REPRESENTED BY ITS SECRETARY.

      5        THE REVENUE DIVISIONAL OFFICER
               IRINJALAKKUDA, THRISSUR - 680 121.

      6        THE DEPUTY SUPERINTENDENT OF POLICE
               IRINJALAKKUDA, THRISSUR - 680 121.

      7        KSE LIMITED, P.B.NO.20,
               SOLVENT ROAD, IRINJALAKUDA - 680 121,
               REPRESENTED BY ITS MANAGING DIRECTOR.

               BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.)
               BY SMT.S.AMBILY, SC,
               BY SRI.P.NARAYANAN, SENIOR GOVT. PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.16859 OF 2020(F)

                                  2


                         J U D G M E N T

The complaint of the petitioner was over the

continued closure of the KSE Limited-the 7 th

respondent, based on which about 500 employees were

jobless.

2. First respondent has filed a counter

affidavit producing Ext.R1(a) order based on which

the closure was withdrawn. It is also stated that

the closure was effected to arrest the further spread

of COVID 19 pandemic in the interest of all

concerned.

In the light of the averments in the counter

affidavit and Ext.R1(a), the writ petition is closed

without prejudice to the right of the petitioner to

take up the matter further, if there is any further

grievance, if so advised.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.16859 OF 2020(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O.(MS) NO.78/2020/GAD DATED 17/4/2020 ISSUED BY GOVERNMENT OF KERALA ALONG WITH REVISED GUIDELINES ON THE MEASURES TO BE TAKEN BY DEPARTMENTS OF GOVERNMENT OF KERALA, DISTRICT COLLECTORS, DISTRICT POLICE CHIEFS AND HODS AND OTHER FOR CONTAINMENT OF COVID 19 IN THE STATE.

EXHIBIT P2 TRUE COPY OF THE COVID GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA DATED 4/6/2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 6/4/2020 IN W.P (C) TMP-28 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE NOTICE NO.PH2-

5664/20 DATED 12/7/2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 17/7/2020 (WRONGLY TYPED AS 17/6/2020) SUBMITTED BY THE 7TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 24/7/2020 SUBMITTED BY THE 7TH RESPONDENT BEFORE THE SUPERINTENDENT OF TALUK GOVT. HOSPITAL, IRINJALAKUDA.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 30/7/2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.C2-

143(5)/2020(2)/DMO DATED 5/8/2020 ISSUED BY THE DISTRICT MEDICAL OFFICER, THRISSUR TO THE GENERAL WP(C).No.16859 OF 2020(F)

MANAGER, KSE LIMITED, IRINJALAKUDA.

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 6/8/2020 ISSUED BY THE GENERAL MANAGER, KSE LIMITED, IRINJALAKUDA.

RESPONDENTS' EXHIBITS:

EXHIBIT R1A TRUE COPY OF THE ORDER NO.DCTSR/H4/14476/2019 DATED 25/08/2020 ISSUED BY THE 1ST RESPONDENT.