Sukanya.J.S vs District Police Chief
2021 Latest Caselaw 13546 Ker

             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. 26024 OF 2019
PETITIONER:

         SUKANYA.J.S
         AGED 43 YEARS
         D/O. JAGADAMMA,SREERANGAM, KUDAPPANAKUNNU P.O.,
         PEROOKADA, THIRUVANANTHAPURAM-695 043, (MANAGING
         PARTNER OF ADITHYA COMBINS, ARANAMODE,
         CHERIYAKONNY, THIRUVANANTHAPURAM)
         BY ADV A.S.SHAMMY RAJ

RESPONDENTS:

    1    DISTRICT POLICE CHIEF
         OFFICE OF THE DISTRICT POLICE CHIEF, VAZHUTHAKKAD,
         THYCAUD P.O., THIRUVANANTHAPURAM-695 014
    2    SUB INSPECTOR OF POLICE,
         ARUVIKKARA POLICE STATION, ARUVIKKARA P.O.,
         THIRUVANANTHAPURAM-695 564
    3    KERALA HEADLOAD WORKERS WELFARE BOARD,
         REPRESENTED BY ITS CHAIRMAN, S.R.M.ROAD, ERNAKULAM
         NORTH P.O., ERNAKULAM-682 018
    4    P.BABU,
         CONVENER, CENTRE OF INDIAN TRADE UNION( C.I.T.U)
         CHERIYAKONNI UNIT, CHERIYAKONNI P.O., ARUVIKKARA,
         THIRUVANANTHAPURAM-695 013
    5    MOHANAN,
         CONVENER, CENTRE OF INDIAN TRADE CONGRESS
         ( C.I.T.U) CHERIYAKONNI UNIT, CHERIYAKONNI P.O.,
         ARUVIKKARA, THIRUVANANTHAPURAM-695 013
         R3 BY ADV SRI.THOMAS ABRAHAM, SC, KHWWB
         R1 & R2 BY 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:
 W.P.(C).No.26024/2019

                                    2



                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.26024 of 2019
               ----------------------------------------------
              Dated this the 01st day of July, 2021


                              JUDGMENT

This writ petition is filed with following prayers:

i. That a writ of mandamus or other order be passed directing the respondents 1 and 2 to give effective and adequate protection to the life and property of the petitioner;

ii. That a writ of mandamus or other order be passed directing the respondents 1 and 2 to maintain law and order, in the petitioner's unit, so as to maintain the smooth functioning of the petitioner's unit; and iii. Grant such other and further reliefs, as that are appropriate and incidental to this Writ Petition.

2. When this writ petition came up for consideration

before this Court on 09.10.2019, this Court passed the following

order:

"Despite notice by special messenger, respondents 4 and 5 have not entered appearance.

The Standing Counsel for the third respondent submits that the area where, the establishment of the petitioner is located is not the area covered by the Kerala Headload W.P.(C).No.26024/2019

Workers (Regulation of Employment and Welfare) Scheme, 1983.

In the circumstances, there will be an interim order as prayed for."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that the

interim order may be retained and the writ petition may be

disposed. The Standing Counsel appearing for the 3 rd respondent

submitted that the area is not a scheme covered area. The

Government Pleader submitted that there is no law and order

issue at present and if there is any law and order issue, the

Police will do the needful.

In the light of the above submissions, this writ petition is

disposed retaining the interim order, with following further

directions:

1. If there is any law and order issue, the petitioner

is free to approach the Station House Officer

concerned with a complaint.

2. If such a complaint is received, the Station House

Officer will do the needful in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.26024/2019

APPENDIX OF WP(C) 26024/2019

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA DATED 17.2.2007 EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY F SMALL SCALE ENTERPRISES,GOVERNMENT OF INDIA EXHIBIT P3 TRUE COPY OF THE RENEWED LICENCE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS, GOVERNMENT OF KERALA EXHIBIT P4 TRUE COPY OF THE RENEWED LICENCE ISSUED BY THE ARUVIKKARA GRAMA PANCHAYATH DATED 21.8.2019 EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 19.9.2019 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT