Kesavan.P vs The State Of Kerala
2023 Latest Caselaw 1405 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         WP(C) NO. 39422 OF 2022
PETITIONER:

              KESAVAN.P.,
              AGED 57 YEARS
              S/O.PARAMESWARA MENON, RESIDING IN THE
              ADDRESS PALLATH HOUSE, MATTATHURKUNNU, MATTATHUR P.O,
              KODAKARA,
              THRISSUR DISTRICT - 680 684.

              BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS:

     1        THE STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
              HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT,
              PINCODE- 695 001.

     2        THE STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION,
              VELLIKULANGARA P.O, THRISSUR DISTRICT - 680 699.

     3        THE DISTRICT POLICE CHIEF, THRISSUR,
              AYYANTHOLE P.O, THRISSUR - 680 003.

     4        ALL INDIA TRADE UNION CONGRESS, KODALI UNIT,
              REPRESENTED BY ITS SECRETARY VINOD KUMAR, AGED 45, S/O
              POULOSE, KOPPLI HOUSE, MANKUTTIPPADAM DESOM,
              MATTATHURKUNNU, KODALI, THRISSUR DISTRICT-- 680 684.

              SRI.T.K.SHAJAHAN-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39422 OF 2022                   2




                                    JUDGMENT

Dated this the 20th day of January, 2023

This writ petition is filed seeking the following reliefs:-

i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to give adequate police protection to the petitioner from any obstruction being caused by the 4th Respondent and for the effective running of his business in the said establishment.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd Respondent to take up and expedite with necessary actions pursuant to Exhibit-P5 Complaint filed by the petitioner seeking police protection to run his business.

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

Government Pleader.

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

the petitioner, a person with 45% disability is conducting a workshop

and the loading and unloading activities are being done by the

customers themselves and by the family members of the petitioner. It

is submitted that the petitioner is not engaging any headload workers

for the loading and unloading activity and does not require any such

engagement as well. It is submitted that the respondent union is

creating obstructions to the activity of the petitioner and that the

complaint submitted before the police has not evoked any response.

4. Though notice was taken out to 4 th respondent, there is no

appearance for the said respondent.

In the above view of the matter, this writ petition is disposed

of with the direction that in case of any further obstructions from

the 4th respondent or anybody claiming through them, the

petitioner may inform the Station House Officer, who shall conduct

enquiries and afford adequate protection to the petitioner, in case

the loading and unloading activity is being carried out by the

customers and the petitioner and his family members and without

engaging any headload workers.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 39422/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 01.06.2016 PERTAINING TO BUILDING NO. XXII/702-A ISSUED BY THE SECRETARY, MATTATHOOR GRAMA PANCHAYATH.

Exhibit P2 A TRUE COPY OF THE SALE DEED NO. 466/2015 OF SUB-REGISTRAR OFFICE, KODALI DATED 04.03.2015.

Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.10.2018 ISSUED BY THE VILLAGE OFFICER, MATTATHOOR.

Exhibit P4 A TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE BEARING NO. UDYAM-KL-13-0013444 DATED 27.10.2021 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVT. OF INDIA.

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 26.10.2022 FILED BEFORE THE SHO, VELLIKULANGARA.