Kerala High Court
Shabeer. N .M vs The Station House Officer on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 22343 OF 2023
PETITIONER/S:
SHABEER. N .M., AGED 37 YEARS
S/O MOIDUNNI, MANAGING PARTNER, M/S. KHALEEJ
STEELS LLP STEEL AND BUILDWARE, PANTHAVOOR,
ALAMCODE.P.O, CHANGARAMKULAM, MALAPPURAM DIST.
RESIDING AT NURUKKILAYIL HOUSE, MOOKKUTHALA P.O,
PONNANI. MALAPPURAM DIST. PIN 679574., PIN -
679585
BY ADVS.
M.M.FATHIMA JALEENA
K.A.HAZAN
V.J.JAMES
RAMESH KUMAR K.
K.P.WILSON
RESPONDENT/S:
1 THE STATION HOUSE OFFICER
CHANGARAMKULAM POLICE STATION, CHAGARAMKULAM.
P.O. MALAPPURAM DIST., PIN - 679585
2 THE DISTRICT POLICE CHIEF
MALAPPURAM DIST., PIN - 676504
3 THE ASST. LABOUR OFFICER
PONNANI, PONNANI.P.O, MALAPPURAM DIST., PIN -
679577
4 THE CHAIRMAN
KERALA HEAD LOAD WORKERS WELFARE BOARD SUB
COMMITTEE, CHANGARAMKULAM.P.O, MALAPPURAM DIST.,
PIN - 679585
5 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRATARIATE, THIRUVANANTHAPURAM .,
PIN - 695001
6 THE SECRETARY
-2-
W.P.(C). No.22343 of 2023
AIKYAVEDI UNION, BMS, INTUC, CITU. REG. NO. EJ /
U 1998, NANNAMUKKU P.O. , CHANGARAMKULAM , [ MOB.
98467 58355.], PIN - 679574
7 THE POOL LEADER
POOL NO. E J/ U 1998 UNDER THE KERALA HEAD LOAD
WORKERS WELFARE BOARD SUB COMMITTEE,
CHANGARAMKULAM. P.O, MALAPPURAM DIST . MOB 88485
54460, PIN - 679585
BY ADV Thomas Abraham
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No.22343 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 22343 of 2023
=============================================================
Dated this the 26th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"I. Issue a Writ of Mandamus or such other Writ, Order
or Direction compelling Respondents 1st & 2nd to remove
the illegal and forcible obstructions from the part of 6 th
and 7th Respondents and their supporters, to the loading
and unloading works in the establishment of the
petitioner;
II. Issue a Writ of mandamus or such other Writ , Order
or Direction to the 1st and 2nd respondents to extend
adequate police protection to the Petitioner and Four
attached head load workers, in Exhibit P-10 to P-13, to
carry out the loading and unloading works in the
establishment of the petitioner .
III. Pass such other Writ or Order or Direction that the
Hon`ble Court may deem fit and proper , on the facts and
circumstances of the case.
IV. The Petitioner also prays that this Hon'ble Court may
be pleased to dispense with the translation of the
documents produced in the vernacular language.
2. When this writ petition came up for consideration on
19.07.2023, this Court passed the following order:
W.P.(C). No.22343 of 2023
"Even though notice is served on the contesting
respondents, there is no appearance.
It is submitted that the petitioner has got attached head
load workers as evident from Exts.P10 to P13 ID Cards.
In such circumstances, there will be a direction to the 1 st
respondent to afford adequate police protection to the
petitioner and the attached head load workers who is
having Exts.P10 to P13 ID Cards, to carry out loading
and unloading works for the smooth functioning of the
establishment of the petitioner in the premises.
If there is any balance work, the petitioner shall engage
the pool workers.
Post on 26.07.2023."
3. Even though notice is sent to the contesting respondents,
there is no appearance for them. If that be so, the interim order dated
19.07.2023 can be made absolute.
Therefore, this writ petition is disposed of making the interim
order dated 19.07.2023 absolute.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No.22343 of 2023
APPENDIX OF WP(C) 22343/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LICENSE NO. B1-
581/2023/2022-23 / 702 DATED 22-02-2023
ISSUED BY THE SECRETARY ALAMCODE GRAMA
PACHAYAT
Exhibit P2 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE NO.32AAZFK3701FIZE DATED
25-10-2022 OBTAINED FROM THE COMMERCIAL
TAX OFFICE PONNANI
Exhibit P3 A TRUE COPY OF THE CERTIFICATE NO.
SH101080070359 DATED 27- 04-2023 ISSUED
BY THE ASST. LABOUR OFFICER, PONNANI TO
THE PETITIONER
Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER NO.
4/2023 ISSUED TO SRI. NAUSHAD. M.A
Exhibit P5 TRUE COPY OF THE APPOINTMENT LETTER NO.
5/2023 ISSUED TO SRI. RAFAIL TUDY
Exhibit P6 TRUE COPY OF THE APPOINTMENT LETTER NO.
6/2023 ISSUED TO SRI. ANVAR. T.H
Exhibit P7 TRUE COPY OF THE APPOINTMENT LETTER NO.
7/2023 ISSUED TO SRI. MOHAMMED YASIR
Exhibit P8 TRUE COPY OF THE EMPLOYMENT-CUM- WAGES
REGISTER FOR THE PERIOD FROM 2-05- 2023
TO 31-05-2023
Exhibit P9 TRUE COPY OF THE WAGES SLIPS ISSUED TO
ONE OF THE WORKERS, NAUSHAD. M.A. FOR
THE WEEK ENDED ON 01-07-2023
Exhibit P10 TRUE COPY OF THE IDENTITY CARD NO. HL
101080070036 DATED 12-06-2023 ISSUED TO
SRI. RAFAIL TUDY BY THE ASST. LABOUR
OFFICER, PONNANI
Exhibit P11 TRUE COPY OF THE IDENTITY CARD NO. HL
101080070037 DATED 12-06-2023 ISSUED TO
SRI. NAUSHAD. M.A BY THE ASST. LABOUR
OFFICER, PONNANI
Exhibit P12 TRUE COPY OF THE IDENTITY CARD NO. HL
101080070038 DATED 12-06-2023 ISSUED TO
SRI. ANWAR. T.H BY THE ASST. LABOUR
OFFICER, PONNANI
Exhibit P13 TRUE COPY OF THE IDENTITY CARD NO. HL
W.P.(C). No.22343 of 2023
101080070039 DATED 12-06-2023 ISSUED TO
SRI. MOHAMMED YASIR BY THE ASST. LABOUR
OFFICER, PONNANI
Exhibit P14 TRUE COPY OF THE COMPLAINT LODGED
BEFORE THE 1 ST RESPONDENT ON 04-07-
Exhibit P15 A TRUE COPY OF THE RECEIPT NO 15295005
DATED 04-07-2023 ISSUED FROM THE
CHANGARAMKULAM POLICE STATION AFTER
ACCEPTING THE COMPLAINT
