Kerala High Court
M/S.Vettathil Agencies vs The State Of Kerala on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 28124 OF 2019
PETITIONER/S:
M/S.VETTATHIL AGENCIES,
A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS
MANAGING PARTNER K.SHAFI, AGED 52,
S/O.A.K.KUNJUPAREETH, PATTANAKAD P.O., ALAPPUZHA
DISTRICT- 688531.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA,
REP. BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT- 695001.
2 THE SUB INSPECTOR POLICE,
PATTANAKKAD POLICE STATION, PATTANAKKAD P.O.,
ALAPPUZHA DISTRICT-688531.
3 THE KERALA HEAD LOAD WORKERS WELFARE BOARD,
REPRESENTED BY ITS AUTHORIZED OFFICER, SUB OFFICE,
AROOR, MSF, (PMP) BUILDING, 2ND FLOOR, AROOR,
ALAPPUZHA DISTRICT- 688534.
4 BALAKRISHNAN,
S/O.VASU, PUTHUVALNIKATH HOUSE, PATTANAKKAD P.O.,
ALAPPUZHA DISTRICT- 688531.
5 UDAYAN,
PALLIAKATH HOUSE, PATTANAKAD P.O., ALAPPUZHA
DISTRICT- 688531.
6 SADU PADMANABHAN,
KOONTHURA HOUSE, PATTANAKAD P.O., ALAPPUZHA
DISTRICT- 688531.
Case No. WP(C) NO. 28124 OF 2019
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7 BABY,
KANICHIKATT HOUSE, PATTANAKKAD P.O., ALAPPUZHA
DISTRICT- 688531.
8 SURA,
S/O.VASU, PUTHUVALNIKATH HOUSE, PATTANAKAD P.O.,
ALAPPUZHA DISTRICT- 688531.
BY ADVS.
SRI.S.KRISHNA MOORTHY, SC, KHWWB
SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SMT.T.N.SREEKALA
SRI.PAUL C THOMAS
SRI.FRANKLIN ARACKAL
SRI.M.B.SOORI
SHRI.BABU M.
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Case No. WP(C) NO. 28124 OF 2019
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P V KUNHIKRISHNAN, J.
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WP(C) NO. 28124 OF 2019
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Dated this the 1st day of July, 2021
JUDGMENT
The petitioner is a partnership firm represented by
its Managing Partner. According to the petitioner, the firm
is conducting sale of cement, hardware items and iron etc.
and these are brought to the premises by workers.
According to the petitioner, it is not a scheme covered area.
In the said circumstances, the petitioner is deputing his own
workers for doing the loading and unloading works in the
firm. When there was an obstruction from respondent
Nos.4 to 8, this Writ Petition was filed with the following
prayers:-
(i) issue an appropriate writ, order or direction
commanding the 2nd respondent to provide adequate,
substantial and effective police protection to the life
Case No. WP(C) NO. 28124 OF 2019
and unit of the petitioner and to remove the obstruction
caused by respondents 4 to 8, for the petitioner to have
the loading and unloading, unhindered, in the interest
of justice.
(i) Issue an appropriate writ, order or direction
commanding the 2nd respondent to take note of the
complaint of the petitioner and to act upon the same,
within specified time limits, in the interest of justice.
(iii) To pass any such or further orders as the
petitioner may seek and this Hon'ble court deem fit
to grant.
2. When this Writ Petition came up for
consideration before this Court on 23.10.1999, this Court
passed the following order:-
"Admit.
Government Pleader takes notice for
respondents 1 and 2. Standing counsel takes notice
for the third respondent. Issue notice by special
messenger to respondents 4 to 8.
Case No. WP(C) NO. 28124 OF 2019
Pending disposal of the writ petition, there
will be an interim order as prayed for."
3. Now when the matter came up for consideration,
the learned counsel for the contesting respondents
submitted that it is a scheme covered area. The learned
counsel submitted that even though in Ext.P5, it is
mentioned that it is not a scheme covered area, he has
documents to prove the same. The learned counsel for the
Board also submitted that originally this area was covered
as per the scheme and due to paucity of work it was
withdrawn. The learned counsel submitted that he has no
instructions about the present status about the enforcement
of the scheme. The learned counsel for the petitioner
reiterated that the area is not a scheme covered area.
4. This is a matter to be decided by the 3 rd
respondent. I think the matter can be referred to the 3 rd
respondent. The 3rd respondent will consider the same after
hearing the petitioner and the contesting respondents within
Case No. WP(C) NO. 28124 OF 2019
a time frame. Till then, the interim order passed by this
court can continue.
Therefore, this Writ Petition is disposed of in the
following manner:-
(I) The 3rd respondent is directed to hear the
petitioner and the contesting respondents about
the dispute regarding the fact whether it is
a scheme covered area or not. The 3 rd
respondent will decide the same and pass an
order, as expeditiously as possible and at any
rate within four months from the date of receipt
of a copy of this judgment.
Till such a decision is taken by the 3 rd
respondent, the interim order dated 23.10.2019
will continue.
sd
P V KUNHIKRISHNAN, JUDGE.
dl/
Case No. WP(C) NO. 28124 OF 2019
APPENDIX OF WP(C) 28124/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE DEED OF RE-
CONSTITUTION DATED 01.04.2005 IN THE
CASE OF THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE PATTANAKKAD GRAMA
PANCHAYATH DATED 18.07.2018.
EXHIBIT P3 A TRUE COPY OF THE LICENSE ISSUED BY THE
LOCAL AUTHORITY NAMELY PATTANAKAD GRAMA
PANCHAYATH DATED 10.07.2019.
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE OF
PROVISIONAL REGISTRATION ISSUED TO THE
PETITIONER DATED 28.06.2017.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION
RECEIVED BY THE PETITIONER DATED
21.08.2019.
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT DATED 17.09.2019.
EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER DATED 17.09.2019.
