Kerala High Court
Antony G K vs Station House Officer on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 8245 OF 2024
PETITIONERS:
1 ANTONY G K
AGED 32 YEARS
S/O.SIBY K THOMAS, RESIDING AT 502 NATIONAL EXCELLENCY,
KALAVATH ROAD, PALARIVATTOM, DIRECTOR AND AUTHORIZED
SIGNATORY OF M/S RIGHT POINT INFRASTRUCTURE PVT LTD.
BUILDING NO 362, WARD 4, KIZHAKKAMBALAM, KARUKULAM, PIN -
682025
2 M/S RIGHT POINT INFRASTRUCTURE PVT LTD.,
BUILDING NO 362, WARD 4, KIZHAKKAMBALAM, KARUKULAM-,
REPRESENTING DIRECTOR AND AUTHORIZED SIGNATORY,
ANTONY G. K , AGED 32 YEARS , S/O.SIBY K THOMAS, RESIDING
AT 502 NATIONAL EXCELLENCY, KALAVATH ROAD, PALARIVATTOM,
PIN - 683562
BY ADVS.
P.SATHISAN
DONA AUGUSTINE
JAVED HAIDER
ABHIRAM SUNISH
SHIBU B.S
BIJU P.PAUL
SOORYA MARIYA KURIAN
RESPONDENTS:
1 STATION HOUSE OFFICER
THADIYITTAPARAMBU POLICE STATION, SOUTH VAZHAKKULAM
P.O.,CHEMBARAKKY, ERNAKULAM-, PIN - 683105
2 SECRETARY
KERALA HEADLOAD WORKERS WELFARE BOARD, SRM ROAD,
ERNAKULAM NORTH, KALOOR, ERNAKULAM, PIN - 682018
3 PRINCIPAL SECRETARY
HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, MG
ROAD, PALAYAM, THIRUVANANTHAPURAM., PIN - 695001
4 GOPI
AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER, NEAR ST
MARY'S CHURCH, VILANGU P O, KARUKULAM, KIZHAKKAMBALAM,
PIN - 683561
WP(C) NO. 8245 OF 2024
2
BY ADV K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8245 OF 2024
3
JUDGMENT
When this matter was heard on 04.03.2024, a
learned Judge of this Court passed the
following interim order:
"The learned Government Pleader takes
notice for respondents 1 and 3.
The learned Standing Counsel takes
notice for the 2nd respondent. Issue notice
by speed post to the 4th respondent.
The learned Standing Counsel submits
that the warehouse where the loading and
unloading activities are carried out is
situated in an area where the Kerala
Headload Workers (Regulation of Employment
and Welfare) Scheme, 1983, has not been
implemented. The petitioner also asserts
that he has his own attached workers who are
carrying out the work, which requires
certain amount of skill.
In that view of the matter, there will
be an interim order as prayed for, for a
period of four weeks.
Post on 01.04.2024."
WP(C) NO. 8245 OF 2024
2. Today, it is conceded by both sides that
the afore interim order can be confirmed; and
that this writ petition can be disposed of on
such terms.
3. The endorsement on the files shown that
the 4th respondent has been served validly
through a messenger deputed by this Court,
however, he has chosen not to be present in
person or to be represented through a counsel;
thus inferentially guiding me to the impression
that he has nothing to offer in opposition to
the reliefs claimed by the petitioner.
In the afore circumstances, I allow this
writ petition, confirming the afore interim
order; with a consequential direction to the
police to ensure that the petitioner and their
employees are given adequate and effective
protection as ordered, without anyone being
WP(C) NO. 8245 OF 2024
allowed to breach peace or to take law into
their own hands.
Needless to say, however, any legal remedy
of the 4th respondent is left open, without
being decided in this writ petition.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 8245 OF 2024
APPENDIX OF WP(C) 8245/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT
NO.1230407456/G070503 DATED 03.01.2024 ISSUED
BY KIZHAKKAMBALAM GRAMA PANCHAYAT, IN THE NAME
OF SRI. SIBY K THOMAS FATHER OF THE 1ST
PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF LEASE
AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER
AND HIS FATHER SRI SIBY K THOMAS DATED
01.01.2024
Exhibit P3 TRUE COPY OF THE LICENSE NO.472/2024/C2-
1073/2024 DATED 20.02.2024 ISSUED BY
KIZHAKKAMBALAM GRAMA PANCHAYAT TO THE 1ST
PETITIONER FOR RUNNING THE 2ND PETITIONER
COMPANY FOR A PERIOD FROM 17.02.2024 TO
31.03.2024
Exhibit P4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE
DATED 27.02.2024 ISSUED BY GOVERNMENT OF INDIA
TO THE 2ND PETITIONER COMPANY
Exhibit P5 TRUE COPY OF PHOTOGRAPHS SHOWING THE WAREHOUSE
NAME AND BUILDING
Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACTION OF
APPLICATION FOR REGISTRATION OF HEADLOAD
WORKERS SUBMITTED BY ONE JYOTHI V. ON
31.01.2024
Exhibit P6(a) TRUE COPY OF APPLICATION FOR REGISTRATION OF
HEADLOAD WORKERS SUBMITTED BY ONE RAHUL E R ON
31.01.2024
Exhibit P6(b) TRUE COPY OF APPLICATION FOR REGISTRATION OF
HEADLOAD WORKERS SUBMITTED BY ONE LIBIN JOHN
ON 31.01.2024
Exhibit P6(c) TRUE COPY OF APPLICATION FOR REGISTRATION OF
HEADLOAD WORKERS SUBMITTED BY ONE BAIJU K V ON
31.01.2024
Exhibit P7 TRUE COPY OF THE COMPLAINT/ REQUEST DATED
31.01.2024 SUBMITTED BEFORE THE 1ST RESPONDENT
FOR NECESSARY POLICE PROTECTION FOR THE
ACTIVITIES OF PETITIONER
Exhibit P7(a) TRUE COPY OF THE ACKNOWLEDGEMENT THEREOF A
DATED 31.01.2024
