Kerala High Court
Shoukath A.P vs The District Police Chief on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 31028 OF 2019
PETITIONERS:
1 SHOUKATH A.P
AGED 32 YEARS
S/O. PAREETH,AMINAKUDI HOUSE, NORTH EZHPURAM,
MARAMPALLY P.O., ALUVA-683 105
2 N.VJOY,
AGED 55 YEARS
NARAKATHARA HOUSE, SOUTH VAZHAKULAM.P.O., ALUVA
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
T.N.SREEKALA
FRANKLIN ARACKAL
M.B.SOORI
NEETHU SOMAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, ERNAKULAM
DISTRICT,PIN-7682 005
2 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ALUVA, PIN-683101
3 THE SHO OF POLICE,
THADIYITTAPARAMBU POLICE STATION, ERNAKULAM
DISTRICT, PIN-683 105
4 THE CONVENER,
KERALA HEAD LOAD WORKERS WELFARE BOARD,
PERUMBAVOOR SUB OFFICE, PERUMBAVOOR-683 542
5 AYUB.A.M.
S/O. MOHAMMED, ARIMBASSERY HOUSE, KARIPOORIKKARA,
MARAMPILLY P.O., ALUVA,-683 105
6 SHAJAHAN.C.M.,
S/O. MUSTAFFA,CHERIYATH HOUSE, KAIPOORIKKARA,
MARAMPILLY P.O., PIN-683 105
W.P.(C).No.31028/2019
2
7 SIDDIQUE.A.K.,
S/O. KUNJUMAKKAR, AIMINAKUDY HOUSE,
KAIPOORIKKARA, MARAMPILLY P.O., PIN-683 105
8 USMAN E.A.,
S/O. ABDUL RAHIMAN, EARATHAN HOUSE, VAZHAKULAM
P.O.,PIN-686 670
9 ABITH ALI,
S/O. ALI,MOODOOR HOUSE, MARAMPILLY .P.O., -683
105
10 SIDIQQUE.M.A.,
S/O. ALYAR, MOOTHEDAM HOUSE, KAIPOORIKKARA,
MARAMPILLY P.O., PIN-683 105
11 JISHNU.K.P.,
S/O.PURUSHOTHAMAN, KOTTAYAIL HOUSE, MARAMPILLY
P.O., PIN-683 105
12 RAFEEK .C.A.,
S/O.MOIDEENKUTTY, CHIRAYATH HOUSE,
KAIPOORIKKARA, MARAMPILLY P.O., PIN-683 105
13 SAJEEV K.A.,
S/O. AYYAPPANKUTY, KOLLEMBRAMKUDI KUDI,
KAIPOORIKKARA, MARAMPILLY P.O., PIN-683 105
R1 TO R3 BY GOVT. PLEADER SRI.N.B.SUNIL NATH
R4 BY ADV.SRI.S.KRISHNA MOORTHY, SC, KHWWB
R5 TO R13 BY SRI.P.A.ABDUL JABBAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.31028/2019
3
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.31028 of 2019
----------------------------------------------
Dated this the 08th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate act or order or direction, directing the
respondents No. 1 to 3, to afford sufficient and
meaningful protection to the life and employment
of the petitioner from party respondent No. 5 to
13 and their men, other supporters or any other
persons acting on behalf of them, so as to carry
out the loading unloading work in the
'Kaipoorikkara' area especially to carry out the
work of new godown of AVT.
ii. to issue a writ of mandamus or any appropriate
writ or order or direction, directing the
respondents No. 1 to 3 to afford sufficient and
meaningful protection to the Petitioners and other
members of Pool No.143 of 'Kaipoorikkara' area
from Respondents 5 to 13 and their men to carry
out the loading and unloading activities in the Pool
No.143 of 'Kaipoorikkara' area without any
obstruction from headload workers who are not in
possession of 6A card under the Scheme 1983.
W.P.(C).No.31028/2019
iii. To declare that the petitioners are entitled for
police protection from any obstruction caused by
the party respondents or their men and agents for
carrying out the loading and unloading activity in
the Pool No.143 of Kaipoorikkara area, especially
when there is no other Head Load workers having
6A card in the Scheme 1983 implemented area.
iv. To issue such other writ or order or direction as
this Hon'ble Court may be deem fit and proper in
the fact and circumstances of the case or as may
be prayed from time to time.
2. When this writ petition came up for consideration
before this Court on 25.11.2019, this Court passed the
following order:
"Standing Counsel for the fourth respondent submits
that the area referred to in the writ petition is an
area to which the functional operation of the Kerala
Headload Workers (Regulation of Employment and
Welfare) Scheme, 1983, has been extended.
In the circumstances, there will be an interim order
as prayed for."
3. When this writ petition came up for consideration
on 01.07.2021, there was a dispute from the side of the
contesting respondents that, the area where the petitioners
W.P.(C).No.31028/2019
are working is not a scheme covered area. Today, the
Standing Counsel for the 4th respondent again submitted that,
the petitioners are working in an area where the Kerala
Headload Workers (Regulation of Employment and Welfare)
Scheme, 1983, is extended.
4. In the light of the above submission, the interim
order can be retained and there can be a consequential
direction for police protection to the petitioners whenever it is
necessary. All the contentions of the contesting respondents
raised in the counter affidavit are left open to be agitated
before the appropriate authority.
Therefore, this writ petition is disposed retaining the
interim order of this Court dated 25.11.2019, with following
further directions:
1. If there is any law and order issue, the
petitioners are free to approach the Station
House Officer concerned with a
representation.
2. If such a representation is received, the
Station House Officer will do the needful in the
light of the interim order of this Court dated
W.P.(C).No.31028/2019
25.11.2019.
3. All other contentions of the contesting
respondents are left open and it can be
agitated before the appropriate authority in
accordance to law.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.31028/2019
APPENDIX OF WP(C) 31028/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE 6A CARD ISSUED TO
THE 1ST PETITIONER
EXHIBIT P2 A TRUE COPY OF THE 6A CARD ISSUED TO
THE 2ND PETITIONER
EXHIBIT P3 A ROUGH SKETCH OF THE LOCATION PLAN
AND WORKING AREA OF POOL NO.143
PREPARED BY THE PETITIONER
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION
DATED 07.11.2019 SUBMITTED TO THE 4TH
RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE PETITION FOR POLICE
PROTECTION DATED 07.11.2019 IS
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT POLICE OFFICER
EXHIBIT P6 A TRUE COPY OF THE RECEIPT ISSUED BY
THE SHO OF THADIYITTAPARAMBU POLICE
STATION DATED 07.11.2019
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.1554/2008 DATED 08.02.2008
RESPONDENTS' EXHIBITS
EXHIBIT R5 A TRUE COPY OF THE MINUTES OF THE
MEETING OF ERNAKULAM DISTRICT
COMMITTEE OF HEAD LOAD WORKERS WELFARE
BOARD.
EXHIBIT R5 B TRUE COPY OF THE LETTER ISSUED BY THE
PUBLIC INFORMATION OFFICER OF
PERUMBAVOOR SUB OFFICE OF HEAD LOAD
WORKERS WELFARE BOARD.
