Ibrahimkutty V. K vs The Sub Inspector Of Police
2023 Latest Caselaw 1448 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. 19612 OF 2020
PETITIONER:

          IBRAHIMKUTTY V. K.
          AGED 53 YEARS
          S/O. LATE KASIM, AKKARAPARAMBIL HOUSE, AKKARAPARAMBIL
          CONCRETE PRODUCTS, III/743, VELIKKAD, MUNDUR, PALAKKAD
          DISTRICT, PIN - 678 592.
          BY ADVS.
          JACOB SEBASTIAN
          SRI.K.V.WINSTON
          SMT.ANU JACOB


RESPONDENTS:

    1     THE SUB INSPECTOR OF POLICE
          KONGAD POLICE STATION, PALAKKAD, PIN - 678 631.
    2     THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD
          AM COMPLEX, TB ROAD, PALAKKAD, PIN - 678 014, REP. BY
          ITS DISTRICT OFFICER.
    3     CENTRE FOR INDIAN TRADE UNIONS (CITU)
          HEAD LOAD WORKERS UNIT, VELIKKAD, MUNDUR, PALAKKAD
          DISTRICT, PIN - 678 592, REPRESENTED BY ITS SECRETARY.
          BY ADV SRI.THOMAS ABRAHAM

          BY 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:
 W.P.(C)No.19612 OF 2020

                                         2




                                  JUDGMENT

Dated this the 20th day of January, 2023 This writ petition is filed seeking the

following reliefs:

"(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to afford effective police protection to the petitioner's establishment, his workers and for the vehicles used for transporting goods of the petitioner.

(ii) issue a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent to ensure that unattached head load workers and members of the respondent trade union do not interfere in any manner, with the loading and unloading activity in the petitioner's establishment or do not block the vehicles coming to and going out of the establishment. "

2. Heard the learned counsel for the

petitioner, the learned Government Pleader as well as

the learned counsel appearing for the 2nd respondent.

3. It is submitted by the learned counsel for

the 2nd respondent that the area in question is not a W.P.(C)No.19612 OF 2020

scheme covered area. An interim order was granted

on 23.09.2020, directing the 1st respondent to

maintain law and order and to ensure that neither

the 3rd respondent nor any other worker interferes

with the loading and unloading activity being carried

out by the petitioner.

The writ petition is accordingly closed, in

terms of the interim order. In case of any further

obstruction, the petitioner may inform the Station

House Officer, who shall take appropriate action in

accordance with law.

Sd/-

ANU SIVARAMAN JUDGE SSK/20/01 W.P.(C)No.19612 OF 2020

APPENDIX PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE TRADE LICENSE DATED 06.08.2020 ISSUED BY THE MUNDUR PANCHAYAT. EXHIBIT P2 A TRUE COPY OF THE COMPLAINT ALONG WITH THE RECEIPT DATED 19.09.2020.

 SSK                      //TRUE COPY//     PA TO JUDGE