Kerala High Court
P.P.Illyas vs District Police Chief on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 8124 OF 2020
PETITIONER:
P.P.ILLYAS
AGED 46 YEARS
S/O. MOOSAKUTTY, PUTHANVEETTIL (H)
THUVVAKKADU, PANNIPPARA, MALAPPURAM
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, MALAPPURAM 676 509
2 SUB INSPECTOR OF POLICE,
WANDOOR POLICE STATION, THRIKKALANGODU , THIRUVALI
WANDOOR KALIKAVU RD, WANDOOR 679 328
3 THE KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
DISTRICT OFFICE, MALAPPURAM 676 505
REPRESENTED BY ITS CHAIRMAN
4 THE CHAIRMAN,
KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, P.B NO.
2017, S.R.M ROAD, ERNAKULAM, KOCHI 682 018
5 SECRETARY,
CITU UNION, KOTTAKUNNU, MALAPPURAM 676 509
6 SECRETARY,
INTUC, KOTTAKUNNU, MALAPPURAM 676 509
BY ADV SRI.THOMAS ABRAHAM, SC, KHWWB
ADV.SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8124/2020
2
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.8124 of 2020
--------------------------------
Dated this the 20th day of July 2021
JUDGMENT
The above Writ petition is filed with the
following prayers:
"i) Issue a writ in the nature of mandamus
or any such other writ, direction or orders
nd
commanding the 2 respondent to afford adequate
protection to the life and property of the
petitioner and his permanent workmen and to ensure
that the members of the respondents 5 and 6 do not
disrupt the works in the establishment of the
petitioner since the premises is not in an area
covered under the scheme to the Kerala Headload
Workers Act;
ii) To declare that the members of the 5th
and 6th respondents have no right to claim
employment in the establishment of the petitioner
since the premises is not in an area covered under
the scheme to the Kerala Headload Workers Act;
iii) Issue any such other writ, direction or
orders, which this Hon'ble Court may deem fit and
proper considering the facts and circumstances of
the case."
2. When this matter came up for consideration
on 16.03.2020, this Court passed the following
WP(C) NO.8124/2020
order:
"Urgent notice to respondents 5 and 6 by
Speed Post. The learned Standing Counsel
takes notice for respondents 3 and 4. The
learned Government Pleader takes notice for
respondents 1 and 2.
The learned counsel for the petitioner
submits that the area of the petitioner's
establishment is not a scheme covered area
under the Kerala Head Load Workers Act. If
that be so, the police shall accord necessary
protection to the petitioner for engaging his
own workers for loading and unloading
activities at the premises of the petitioner,
if there is any obstruction from the
respondents 5 and 6 and its members."
3. Today when this writ petition came up for
consideration, the learned counsel for the
petitioner submitted that the interim order may be
retained and the writ petition may be disposed.
4. The learned Government Pleader submitted
that there is only dispute between the employer
and employee about some wage dispute and there is
no law and order problem now.
5. In the light of the above submission, I
think this writ petition can be disposed retaining
the interim order dated 16.03.2020 with the
WP(C) NO.8124/2020
following further directions;
i) If there is any law and order problem, the
petitioner is free to approach the Station House
Officer concerned with a complaint/representation.
ii) If such a complaint/representation is
received, the Station House Officer will do the
needful in the light of the interim order dated
16.03.2020.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.8124/2020
APPENDIX OF WP(C) 8124/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 25-11-2019
EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE DATED 29-1-2020
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 27-02-
//TRUE COPY//
PA TO JUDGE
