Vipinanadh vs The District Police Chief
2021 Latest Caselaw 20721 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 18099 OF 2021
PETITIONER:

          VIPINANADH
          AGED 55 YEARS
          S/O. PARAMESWARAN NAIR,
          RESIDING AT 'VAISAKHAM',
          UMMANADU, CHADAYAMANGALAM,
          PROPRIETOR, VIVA AGENCY,KALAYAM,
          CHADAYAMANGALAM P. O., KOLLAM - 691 534.

          BY ADVS.
          K.B.ARUNKUMAR
          POOJA K.S.



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          KOLLAM RURAL, KOTTARAKKARA P. O.,
          KOLLAM, PIN - 691 506.

    2     THE STATION HOUSE OFFICER
          CHADAYAMANGALAM POLICE STATION,
          CHADAYAMANGALAM P. O.,
          KOLLAM - 691 534.

    3     KERALA HEADLOAD WORKERS WELFARE BOARD
          DISTRICT COMMITTEE OFFICE,
          KOLLAM, PIN - 691 001,
          REPRESENTED BY ITS CHAIRMAN.

    4     BIJU
          S/O. DAMODHARAN, 'MIZHI', THANNIPURAM,
          EDAKKODU, CHADAYAMANGALAM P. O.,
          KOLLAM DISTRICT, PIN - 691 534.

    5     RATHEESH
          S/O. SREEKUMAR, CHEENIVILA VEEDU, KALAYAM,
          CHADAYAMANGALAM P. O., KOLLAM DISTRICT, PIN - 691 534.
 WP(C) NO. 18099 OF 2021
                                 2

    6     SUNILKUMAR
          S/O.THANKAPPAN, PULIPPARAVILA VEEDU,
          EDAKKODU, CHADAYAMANGALAM P. O.,
          KOLLAM DISTRICT, PIN - 691 534.

          BY SRI. K.SIJU SC



OTHER PRESENT:

          SRI E C BINEESH - GP



  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18099 OF 2021
                                   3

                           JUDGMENT

The petitioner submits that he is running a business at

Chadayamangalam, Kollam, which is not covered by a Scheme

under the Headload Workers Act. He says that his business is

a shop under the name of 'Agency Dealings' engaged in

supply of building materials and also hardware products. He

says that he has his own workers who are capable of handling

the loading and unloading work in his premises; but that they

are being obstructed by respondents 4 to 6, claiming

exclusive rights to do such work. He contends that since the

area in question is not covered by any Scheme under the

Headload Workers Act, the said respondents, cannot make

any such claim.

2. The petitioner says that he, therefore, preferred

Ext. P5 complaint before the 2 nd respondent - Station House

Officer, seeking protection; but that no action has been taken

thereon, thus constraining him to approach this Court

through this writ petition.

3. I have heard Sri. K. B. Arunkumar, learned counsel for WP(C) NO. 18099 OF 2021

the petitioner; Sri. Siju Kamalasanan, learned Standing

Counsel for respondent No.3 and the learned Government

Pleader, Sri. E. C. Bineesh, for respondents 1 and 2.

4. Even though, notice has been validly served on

respondents 4 to 6, they have chosen not to be present in

person or to be represented through counsel; inferentially

guiding me to the impression that they have nothing to offer

in answer to the various allegations in this writ petition.

5. Sri. Siju Kamalasanan, learned Standing Counsel for

the 3rd respondent - Board, affirmed that the area, where the

petitioner is running his business, is not covered by a Scheme

under Headload Workers Act.

6. The learned Government Pleader Sri. E.C. Bineesh,

submitted that, pursuant to the interim order of this Court

dated 07/09/2021, the police have ensured that law and order

is maintained in the area of in question and that no breach has

been allowed to be committed by any person. WP(C) NO. 18099 OF 2021

Taking note of the afore circumstances, I allow this writ

petition, confirming the interim order, dated 7 th September,

2021; consequently, directing the 2 nd respondent to ensure

that the lives of the petitioner and of his employees are

adequately and effectively protected from every threat and

intimidation from any person, including respondents 4 to 6

and their men or associates.

Needless to say, the 2nd respondent will ensure that law

and order in the area, where the petitioner's business is

situated, is maintained without any breach in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 18099 OF 2021

APPENDIX OF WP(C) 18099/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF LICENSE ISSUED BY THE CHADAYAMANGALAM GRAMA PANCHAYAT TO THE SHOP OF THE PETITIONER DATED 21.04.2021.

Exhibit P2 TRUE COPY OF REGISTRATION CERTIFICATE UNDER GST ACT ISSUED TO THE PETITIONER'S FIRM.

Exhibit P3 TRUE COPY OF REGISTRATION CERTIFICATE DATED 10.06.2021 ISSUED BY THE ASSISTANT LABOUR OFFICER, CHADAYAMANGALAM UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY VISAKH FOR REGISTRATION UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES.

Exhibit P4(a) TRUE COPY OF THE APPLICATION SUBMITTED BY PRAVEESHKUMAR V. FOR REGISTRATION UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES.

Exhibit P4(b) TRUE COPY OF THE APPLICATION SUBMITTED BY THE SREEJITH P. S. FOR REGISTRATION UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES.

Exhibit P5 TRUE COPY OF COMPLAINT DATED 27.07.2021 SUBMITTED BEFORE ETHE 2ND RESPONDENT AND ITS RECEIPT.

Exhibit P6 TRUE COPY OF COMMUNICATION DATED 10.06.2021 FROM THE OFFICE OF THE ASSISTANT LABOUR OFFICER, CHADAYAMANGALAM.