Ashraf vs The State Police Chief
2021 Latest Caselaw 21081 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                     WP(C) NO. 19027 OF 2021
PETITIONER:

            ASHRAF
            AGED 58 YEARS
            S/O ABDUL REHUMAN, A. A. HOUSE, MANKOT KONAM,
            THOLICODE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.
            BY ADVS.
            N.ANAND
            BIJITH S.KHAN
            JIMNAD.B




RESPONDENTS:

    1       THE STATE POLICE CHIEF
            POLICE HEADQUARTERS, VAZHUTHACAUD,
            THIRUVANANTHAPURAM - 695 010.
    2       THE DISTRICT POLICE CHIEF
            THIRUVANANTHAPURAM RURAL, UNIVERSITY OF KERALA
            SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM -
            695 033.
    3       THE DEPUTY SUPERINTENDENT OF POLICE
            NEDUMANGAD, NEDUMANGAD TOWN ROAD, PAZHAVADI,
            NEDUMANGAD - 695 541.
    4       STATION HOUSE OFFICER
            VITHURA POLICE STATION, SH45, VITHURA - 695 551.
    5       STATION HOUSE OFFICER
            ARYANADU POLICE STATION, ARYANAD, THIRUVANANTHAPURAM
            - 695 542.
    6       INDIAN NATIONAL TRADE UNION CONGRESS
 W.P.(C)No. 19027 of 2021                  2


              INTUC STATE COMMITTEE OFFICE, K. KARUNAKARAN
              SMARAKA INTUC MANDIRAM, T. C. 43/1027(7),
              PARUTHIKUZHI, MANACAUD P.O., THIRUVANANTHAPURAM -
              695 009, REPRESENTED BY ITS PRESIDENT.
      7       VADIVAL GANESHAN
              THADATHARIKATHU VEEDU, MALAYADI THOLIKODE P.O.,
              NEAR MALAYADI LAKSHAM VEEDU COLONY, NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 541.
      8       NASSER
              S/O. SUBAIR, KOTTU VILLAKATH VEETIL, MALAYADI
              THOLIKODE P.O., NEDUMANGAD, THIRUVANANTHAPURAM -
              695 541.
      9       NISSAR
              S/O. K. P. NOORUDEEN, THADATHARIKATHU VEEDU,
              PAMPADI, THOLIKOD P.O., NEDUMANGAD,
              THIRUVANANTHAPURAM - 695 541.
     10       KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB
              THIRUVANANTHAPURAM JILLA COMMITTEE, LABOUR WELFARE
              FUND BOARD BUILDING, VANCHIYOOR, THIRUVANANTHAPURAM
              - 695 035, REPRESENTED BY ITS CHAIRMAN.
              BY ADV THOMAS ABRAHAM




              SRI.E C.BINEESH - GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,           THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 19027 of 2021              3




                                JUDGMENT

The petitioner says that he is driving a bullock cart for

his livelihood and concedes that he was an earlier convict, but

now fully reformed. He alleges that even though he is

working desperately to make ends meet for him and his

family, respondent 6 to 9 have demanded 'Gawking Charges'

(Nokkukooli) from him, which he could not pay; and

consequently, that he was attacked and his Cart damaged.

The petitioner has produced on record Ext. P5 series of

photographs in substantiation and says that he was,

therefore, forced to approach the 4th respondent seeking

protection, but that no action was taken thereon, thus

constraining him to approach this Court through this writ

petition.

I notice from the file that even though summons from

this Court have been validly served on respondents 6, 8 and

9, they have chosen not to be present in person or to be

represented through counsel; thus making it clear that they

have nothing to offer in answer to the allegations in this writ

petition.

As far as respondent No. 7 is concerned, the summons

sent to him from this Court has been returned with an

endorsement "not known".

The learned Senior Government Pleader, E.C. Bineesh,

submitted that, consequent to the interim order of this Court

dated 15.09.2021, the police have ensured that life of the

petitioner has been adequately protected.

When I hear the learned Senior Government Pleader as

afore, the interim order referred to by him had been issued by

this Court to the following effect:-

The petitioner will take out notice before admission by speed post, returnable within ten days, to R6 to R9.

Sri.Thomas Abraham for R10 and the learned Government Pleader for R1 to R5, seeks time to obtain instructions in this matter. Since Sri. Thomas Abraham affirms on behalf of the Welfare Board, that the area where the petitioner is conducting his business is not one covered by the scheme under the Kerala Headload Workers Act, I direct the 4 th and 5th respondents to ensure that the business of the petitioner and his employees are adequately

protected from all threats and intimidation from any source, including from the party respondents.

Since the party respondents have chosen not to appear

before this Court and since the notice to respondent No.7 has

been returned with the endorsement "not known", I am of

the view that this Court will be justified in confirming the

afore interim order.

Resultantly, this writ petition is allowed, confirming the

afore extracted interim order; consequentially directing the 4 th

respondent to act as per its terms and to ensure that the life

and the properties of the petitioner are adequately and

effectively protected from all threats and intimidation from

any person, including respondents 6 to 9 or their men or

their associates.

Sd/-

DEVAN RAMACHANDRAN JUDGE Raj/20.10.2021.

APPENDIX OF WP(C) 19027/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 04.07.2018 ISSUED BY THE THOLICODE GRAMA PANCHAYAT CERTIFYING ASHRAF TO BE A BULLOCK CART DRIVER.

Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28.12.2019 ISSUED BY THE TALUK HOSPITAL, VITHURA.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 31.12.2019 PREFERRED BEFORE RESPONDENT NO.1.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 31.12.2019 ISSUED BY THE OFFICE OF RESPONDENT NO.1. Exhibit P5 PHOTOGRAPHS OF THE CART. Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 27.08.2021 PREFERRED BY PETITIONER BEFORE RESPONDENT NO.3.

Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF RESPONDENT NO.3.