M/S.C.J.B. Distributors Private ... vs The District Police Chief
2021 Latest Caselaw 14245 Ker

             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. 9575 OF 2021
PETITIONER:
          M/S.C.J.B. DISTRIBUTORS PRIVATE LIMITED,
          NO.7/90-G, NEAR COLLEGE OF APPLIED SCIENCE,
          PARANOOL, ARIYIL POST, KANNUR-670143, REPRESENTED
          BY THE MANAGING DIRECTOR, ROBIN SEBASTIAN, S/O.
          SEBASTIAN, AGED 34 YEARS.

            BY ADVS. R.SUDHISH
                     SMT.M.MANJU

RESPONDENTS:
    1     THE DISTRICT POLICE CHIEF,
          KANNUR DISTRICT, TALAP, KANNUR-670002.
    2     THE SUPERINTEDENT OF POLICE,
          THALIPARAMBA, KANNUR-670141.
    3     THE STATION HOUSE OFFICER,
          THALIPARAMBA POLICE STATION, KANNUR-670141.
    4     KERALA HEAD LOAD WORKERS WELFARE FUND BOARD,
          REPRESENTED BY EXECUTIVE OFFICER, KANNUR DISTRICT
          OFFICE, FOOD GRAINS BHAVAN BUILDING, 2ND FLOOR,
          RAJEEV GANDHI ROAD, J.S. POUL JUNCTION, KANNUR-
          670001.
          SURESH BABU, S/O.KUNHAPPU, NARIKODE, ARAYOLAM,
 ADDL.R5
          KOTTILA POST, KANNUR - 670 334
          AJAY KUMAR J., S/O. JOSEPH LISSIN, HARITHA
 ADDL.R6
          VILASAM, KAVUNGAL, POST PATTUVAM, KANNUR - 670143
          DENNIS, S/O.KUNHIRAMAN, MURIYATHODE, PATTUVAM,
 ADDL.R7
          THALIPARAMBU, KANNU - 670143
 ADDL.R8 SUNIL KUMAR, KOLOTH HOUSE, MANGALASSERY, ARIYIL
          P.O., PATUVAM, THALIPARAMBU, KANNUR - 670143.
            ADDL.RESPONDENTS 5 TO 8 ARE IMPLEADED AS PER ORDER
            DATED 08.07.21 IN IA 2/21 IN WPC 9575/21.
            R4 BY ADV SHRI.THOMAS ABRAHAM
            R1 TO R3 BY ADV.N.B.SUNIL NATH, GOVT. PLEADER
       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.9575/2021

                                       2


                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                    W.P.(C).No.9575 of 2021
             ----------------------------------------------
            Dated this the 08th day of July, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to provide adequate protection to the petitioner and his attached registered workers for loading and unloading goods in their establishment namely C.J.B. Distributors Private Limited, No. 7/90-G, Near College of Applied Science, Paranool, Ariyil Post, Kannur - 670143.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to provide adequate protection to the life of the Petitioner and employees of his establishment.

iii. Issue such other writ, order or direction which this Honourable court may deem fit and proper in the facts and circumstances of this case.

2. When this writ petition came up for consideration W.P.(C).No.9575/2021

before this Court on 04.05.2021, this Court passed the

following order:

"Admit.

Govt. Pleader takes notice for R1 to R3. Standing Counsel takes notice for R4. Issue notice to respondents 5 to 8 in I.A.No.2/2021. There will be an interim direction to the 3 rd respondent to give adequate police protection to the petitioner to carry out his loading and unloading works engaging attached registered headload workers identified in Exts.P1 to P7, for a period of one month."

3. Today, when this writ petition came up for

consideration, the counsel who is appearing for the 4 th

respondent submitted that it is not a scheme covered area as

per the Kerala Headload Workers Act. If that is the case the

petitioner can engage his own registered workers based on

Exts.P1 to P7. The Government Pleader submitted that as on

today, there is no law and order issue.

Therefore, this writ petition can be 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.

W.P.(C).No.9575/2021

2. If such a complaint is received, the Station

House Officer will afford adequate police

protection to the petitioner for loading and

unloading goods by the employees of the

petitioner based on Exts.P1 to P7.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.9575/2021

APPENDIX OF WP(C) 9575/2021

PETITIONER ANNEXURE EXHIBIT P1 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO SANTHOSH PANDAY. EXHIBIT P2 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO SATYENDRA MAHTO. EXHIBIT P3 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO JITENDRA MAHTO. EXHIBIT P4 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO MANEJAR MAHTO. EXHIBIT P5 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO ANWAR ALI.

EXHIBIT P6 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO RAFIK ANSARI.

EXHIBIT P7 COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THALIPARAMBA TO SHOBHNAD MEHTO. EXHIBIT P8 COPY OF THE COMPLAINT FILED BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY DATED 22/03/2021.

EXHIBIT P9 COPY OF THE RECEIPT ACKNOWLEDGING THE EXHIBIT 8 COMPLAINT DATED 22/03/2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 COPY OF THE COMPLAINT FILED BY THE PETITIONER COMPANY BEFORE THE SUPERINTENDENT OF POLICE, THALIPARAMBA DATED 20/03/2021.

EXHIBIT P11 COPY OF THE RECEIPT ISSUED BY THE THALIPARAMBA POLICE STATION DATED 20/03/2021.