Afsal .P vs The District Police Chief
2021 Latest Caselaw 22625 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 20273 OF 2021
PETITIONER:

          AFSAL .P,
          AGED 39 YEARS
          S/O. USMAN, PATHARI HOUSE, PUTHANANGADI P.O,
          ANGADIPURAM, MALAPPURAM DISTRICT.

          BY ADVS.
          BABU S. NAIR
          SMITHA BABU



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF,
          DISTRICT POLICE OFFICE, UPHILL, MALAPPURAM, MALAPPURAM
          DISTRICT, PIN-676 505

    2     THE STATION HOUSE OFFICER,
          KOLATHUR POLICE STATION,
          MALAPPURAM DISTRICT, PIN-679 338

    3     THE HEADLOAD WORKERS UNION (CITU),
          MOORKKANAD, MOORKKANAD P.O, MALAPPURAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN-679 338

    4     THE HEADLOAD WORKERS UNION (INTUC),
          MOORKKANAD, MOORKKANAD P.O, MALAPPURAM DISTRICT,
          REPRESENTED BY ITS PRESIDENT, PIN-679 338

    5     THE HEADLOAD WORKERS UNION (STU),
          MOORKKANAD UNIT, MOORKKANAD P.O, MALAPPURAM DISTRICT,
          PIN-679 338, REPRESENTED BY ITS PRESIDENT.

    6     THE HEADLOAD WORKERS WELFARE FUND BOARD,
          LOCAL COMMITTEE, PERINTHALMANNA, MALAPPURAM DISTRICT,
          PIN-679 322, REPRESENTED BY ITS EXECUTIVE OFFICER.

          BY ADVS.
          S.KRISHNA
          THOMAS ABRAHAM
 WP(C) NO. 20273 OF 2021
                                      2




OTHER PRESENT:

             SRI. THOMAS ABRAHAM S.C AND SRI E.C BINEESH G.P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.11.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20273 OF 2021
                               3



                          JUDGMENT

The petitioner says that he is a dealer, engaged in the

business of sale of flooring tiles, hardwares and water proofing

materials etc. and that he intends to start a dealership at

Moorkkanad, in a building within the Moorkkanad Grama

Panchayat. He says that, he has already obtained necessary

licences from the Pachayat, but that when he tried to start the

dealership, respondents 3 to 5, Unions and their members

threatened and intimidated him and his employees, saying that

unless their demands are met, the dealership will not be

allowed to commence or operate.

2. The petitioner says that he had, therefore, no other

option but to prefer Ext.P2 complaint before the 2 nd respondent

seeking protection; but that since no action has been taken

thereon, he has been constrained to approach this Court

through this writ petition.

3. I have heard Sri.Babu S.Nair - learned counsel,

appearing for the petitioner; and Sri. Thomas Abraham - WP(C) NO. 20273 OF 2021

learned counsel appearing for the 6 th respondent - Board; and

Sri. E.C. Bineesh - learned Government Pleader appearing for

the official respondents.

4. Sri. Thomas Abraham - learned Standing Counsel for

the Welfare Board submitted that, the area where the

petitioner is now commencing his business is not one which is

covered by a Scheme under the Kerala Headload Workers Act.

5. Sri. E.C.Bineesh - learned Government Pleader

submitted that, in obedience to the directions of this Court in

the interim order dated 27/09/2021, the petitioner and his

employees have been afforded adequate and effective

protection and that no untoward incidents have been reported

thereafter.

6. I notice from the files that the summons issued to

respondents 3 to 5 have been validly served, but that they

have chosen not to be present in person nor to be represented

through counsel; thus inferentially guiding me to the

impression that they have nothing to offer in answer to the WP(C) NO. 20273 OF 2021

allegations made by the petitioner in this writ petition.

Taking note of the afore submissions and particular, that

of Sri.Thomas Abraham, I order this writ petition confirming

the interim order dated 27/09/2021; with a consequential

direction to the 2nd respondent to act as per its terms and to

ensure that law and order is always maintained in the area

where the petitioner is carrying on his business, without any

breach of peace being allowed by the party respondents or

their men or associates.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 20273 OF 2021

APPENDIX OF WP(C) 20273/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER DATED, 6.9.2021 BY THE SECRETARY, MOORKKANAD GRAMA PANCHAYATH.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED, 22.9.2021.