Kerala High Court
S.Fasaludheen vs Sub Inspector Of Police 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. 25513 OF 2019
PETITIONER/S:
S.FASALUDHEEN
AGED 55 YEARS
SHEEBA MANZIL, KOTOOR MANOORKKARA, ARYANADU,
NEDUMANGADU, THIRUVANANTHAPURAM
BY ADVS.
M.SANTHI (K/868/2011)
SRI.G.RANJU MOHAN
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE
ARYANADU, THIRUVANANTHAPURAM-695 542
2 A.BHADUSHAN,
NARIPPARA VETTA VEEDU, PALLIVETTA, ARYANADU PIN-695 542
(CONVENOR OF CENTRE OF INDIAN TRADE UNIONS)
3 A.SHAJAHAN,
MUNEERA MANZIL, PALLIVETTA, ARYANADU, PIN-695 542
(CONVENOR OF INDIAN NATIONAL TRADE UNION CONGRESS)
4 PEERU MOHAMMED,
PAKSHAM VEEDU, PALLIVETTA,ARYANADU.P.O.,PIN -695 542
5 CHAIRMAN,
HEAD LOAD WORKERS WELFARE BOARD, SRM ROAD, COCHIN-682 012
BY ADVS.
SRI.R.B.RAJESH
SRI.THOMAS ABRAHAM, SC, KHWWB
SRI. N.B. SUNIL NATH, GP
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. 25513 OF 2019
2
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No.25513 OF 2019
===================
Dated this the 20th day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
" i. Issue a writ of mandamus or any other
appropriate writ order or direction commanding and
compelling the 1st respondent to provide adequate and
effective police protection to the petitioner as against
2nd , 3rd and 4th respondents and his henchmen, to his
life and running the business peacefully.
ii. Issue a writ of mandamus or any other
appropriate writ order or direction commanding and
compelling the 1st respondent to provide adequate and
effective police protection to the petitioner as against
2nd , 3rd and 4th respondents and his henchmen, for
loading and unloading machineries from and into the
shop of the petitioner engaging persons at his choice.
iii. Such other appropriate writ order or
direction as this Hon'ble Court may deem fit and
proper to meet the ends of justice."
2. When this writ petition came up for consideration
on 28.10.2019 this Court passed an order, which is
WP(C) NO. 25513 OF 2019
extracted hereunder;
"Heard the learned counsel for the petitioner,
the learned Standing Counsel for the 5th respondent
as also the learned Government Pleader
Having regard to the fact that the area
where the establishment of the petitioner is
located in not an area where the functional
operation of the Kerala Headload Workers
(Regulation of Employment and Welfare) Scheme
has been extended, I deem it appropriate to grant
the interim order sought by the petitioner.
Ordered accordingly."
3. Today when the matter came up for final hearing,
the learned counsel for the petitioner reiterated his
contentions in the writ petition. The learned counsel for the
5th respondent submitted that, the area is not a scheme
covered area. The learned 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
accordance to law.
4. In the light of the above submission, I think, this
writ petition can be disposed retaining the interim order and
giving further directions to the petitioner to approach the
WP(C) NO. 25513 OF 2019
police authorities, if there is any law and order issue.
Therefore, this writ petition is disposed retaining the interim
order dated 28.10.2019 and with following further
directions:-
1) If there is any law and order issue the petitioner is
free to approach the Station House Officer concerned.
2) If such a representation is received from the
petitioner, the Station House Officer concerned will do the
needful, in the light of the interim order passed by this
Court on 28.10.2019.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 25513 OF 2019
APPENDIX OF WP(C) 25513/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF COMPLAINT GIVEN TO THE
ARYANADU POLICE STATION SUB INSPECTOR
DATED 6.08.2019
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
AUTHORISATION OR REGISTRATION ISSUED
UNDER THE KERALA STATE POLLUTION CONTROL
BOARD DATED 15/11/2018.
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE ASSISTANT LABOUR OFFICER, NEDUMANGAD
IN THE NAME OF THE 2ND RESPNDENT.
EXHIBIT R2(b) TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE ASSISTANT LABOUR OFFICER, NEDUMANGAD
IN THE NAME OF THE 3RD RESPONDENT
EXHIBIT R2(c) TRUE COPY OF THE IDENTITY CARD ISSUED BY
THE ASSISTANT LABOUR OFFICER, NEDUMANGAD
IN THE NAME OF THE 4TH RESPONDENT.
// True Copy //
PA to Judge
