Abdu Haji vs The District Police Chief
2022 Latest Caselaw 4265 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                        WP(C) NO. 12120 OF 2022
PETITIONER:

          ABDU HAJI
          AGED 78 YEARS
          S/O AHAMMEDKUTTY, ERUMBATH HOUSE, VADAKKANGARA,
          MALAPPURAM DISTRICT, PIN - 679124
          BY ADV K.RAKESH
RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF,
          PALAKKAD, PALAKKAD DISTRICT, PIN - 678001
    2     THE STATION HOUSE OFFICER
          HEMAMBIKANAGAR POLICE STATION, OLAVAKKODE POST,
          MALAPPURAM DISTRICT, PIN - 678009
    3     THE SECRETARY
          DHONI HEAD LOAD WORKER'S UNION(CITU),
          NO.362/82, PALAKKAD DISTRICT, PIN - 678009
    4     THE HEAD LOAD WORKERS WELFARE FUND BOARD
          CROWN TOWER, CHANDAPURA, KUZHALMANNAM,
          KUZHALMANNAM, PALAKKAD, PIN - 678702
          SMT.VINITHA B-SR.GP
          SRI.THOMAS ABRAHAM, SC, KHWWB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12120 OF 2022

                                       2


                                JUDGMENT

Dated this the 7th day of April, 2022

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 1st and 2nd respondent to provide adequate and meaningful protection to the petitioner to carry out the work in question from the unlawful intervention of the 3rd respondent and its men.

(ii) Declare that the 3rd respondent has no legal right to demand additional facilities for loading the logs and Nookukoolie;

2. Heard the learned counsel for the petitioner and the learned

Government Pleader as well as the learned counsel appearing for the 4 th

respondent. Though notice was taken out to the 3rd respondent, there is

no appearance for the 3rd respondent.

3. It is submitted by the learned counsel for the petitioner that the

work is being carried on peacefully after the grant of the interim order.

4. It is submitted by the learned counsel for the 4 th respondent that

the area in question is not a scheme covered area.

5. It is submitted by the learned Government Pleader, on

instructions, that the 3rd respondent was also summoned to the Police WP(C) NO. 12120 OF 2022

Station and was informed that demands for wages for work not done

cannot be made. It is further submitted that there is no law and order

situation, at present.

6. In the above view of the matter, the interim order is made

absolute. In case of any obstruction or demand for wages without

corresponding work being done by the 3rd respondent or anybody

claiming through him, the petitioner may approach the 2 nd respondent

who shall provide adequate protection to the petitioner to carry out

loading and unloading activities with his own labourers.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12120 OF 2022

APPENDIX OF WP(C) 12120/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE AGREEMENT RELATING TO THE SLAUGHTER OF RUBBER TRESS DATED 19-6-2019 Exhibit P2 TRUE COPY OF THE AGREEMENT RELATING TO THE SLAUGHTER OF RUBBER TRESS DATED 20-1-2022 Exhibit P3 TRUE COPY OF THE INCOMPLETE DOCUMENT WHICH WAS HANDED OVER BY THE 3RD RESPONDENT TO THE PETITIONER DATED NIL.

Exhibit P4 TRUE COPY OF THE REQUEST FOR POLICE PROTECTION BEFORE THE 1ST RESPONDENT BY E- MAIL DATED 3-4-2022 Exhibit P4(a) TRUE COPY OF THE E-MAIL RECEIPT OF EXHIBIT P4 RESPONDENTS' EXHIBITS: NIL