Noushad Ali vs The Sub Inspector Of Police
2024 Latest Caselaw 14814 Ker

Citation : 2024 Latest Caselaw 14814 Ker
Judgement Date : 4 June, 2024

Kerala High Court

Noushad Ali vs The Sub Inspector Of Police on 4 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                        WP(C) NO. 412 OF 2023
PETITIONER:

            NOUSHAD ALI, AGED 60 YEARS, S/O HAMSA,
            RESIDING AT BISMI HOUSE, PONNANI P.O,
            MALAPPURAM DISTRICT, PIN 679 583

            BY ADVS.
            A.JANI(KOLLAM)
            NISA FASIL(KOLLAM)


RESPONDENTS:

    1       THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION,
            MALAPPURAM DISTRICT PIN 676 101

    2       THE CIRCLE INSPECTOR OF POLICE, TIRUR POLICE
            STATION, MALAPPURAM DISTRICT PIN 676 101.

    3       DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT,
            UP HILL, MALAPPURAM PIN 676 504

    4       SHIHABUDHEEN,AGED 40 YEARS, S/O SAITHALIKKUTTY,
            MENOTHAYIL HOUSE, MANGALAM P.O, TIRUR,
            MALAPPURAM DISTRICT PIN 676 561

    5       YUSUF. P., AGED ABOUT 38 YEARS, S/O MAJEED,
            RESIDING AT PANANGANATHU HOUSE, THANUR,
            THIROORARANGADI TALUK, MALAPPURAM DISTRICT,
            PIN 676 302

    6       ABDUL NAZER, AGED ABOUT 45 YEARS, S/O MOITHEEN,
            RESIDING AT MELEKATHU PUTHIYA MALIYEKKAL, MANGALAM
            P.O, TIRUR, MALAPPURAM DISTRICT PIN 676 561

    7       GIRIJAN, AGED 48 YEARS, S/O KUNJAN NAIR, RESIDING
            AT KALLAZHI HOUSE, CHAMRAVATTOM P.O, TIRUR TALUK,
            MALAPPURAM DISTRICT PIN 676 102

    8       HASSAN V.P, AGED ABOUT 42 YEARS, S/O MOHAMMED KUTTY,
            RESIDING AT VALIYA PEDIYAKKAL HOUSE, MANGALAM P.O,
            MALAPPURAM DISTRICT, PIN 676 561
 WPC 412/23
                                      2

     9       THE KERALA HEADLOAD WORKERS WELFARE BOARD,
             WW7C,TIRUR, MALAPPURAM, PIN 676 101
             REPRESENTED BY ITS SECRETARY

             (ADDL R9 IS IMPLEADED AS PER ORDER DATED
             04.06.2024 IN IA NO.2/2023)


             BY ADVS.
             PRAVEEN H HARIKUMAR
             JANI
             M.PREMKUMAR
             SMT. REKHA C.NAIR, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.06.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 412/23
                                        3

                               JUDGMENT

The petitioner says that he is running a wholesale and retail

business of delicate and sophisticated articles using his own

experienced and skilled headload workers, who are all registered

under the Kerala Headload Workers Act, as discernible from Ext.P1

series of Identity Cards. He alleges that, in spite of this, the party

respondents are obstructing his business, meting out threats and

intimidation to his employees; thus having constrained him to

prefer Ext.P2 complaint before the 2nd respondent - Circle

Inspector of Police, seeking protection, but that no action has been

taken thereon until now.

2. The petitioner says that, since the articles dealt with by

him are delicate and sophisticated, it has to be handled with care,

which cannot be done by the party respondents, but only by his

skilled employees. He, therefore, prays that the 2 nd respondent be

directed to afford his employees adequate protection.

2. Smt.Rekha C. Nair - learned Government Pleader,

submitted that, in obedience to the interim order of this Court

dated 06.01.2023, the Police have already afforded adequate

protection to the petitioner and his employees, and that there has

been no untoward incidents thereafter. She added that the Police

will continue to do so and ensure that law and order is always

maintained in the area, without anyone being allowed to commit

any act in violation of law.

3. Even though summons have been validly served on the

party respondents, they have chosen not to be present in person,

or to be represented through counsel; thus inferentially guiding me

to the impression that they have nothing to offer in answer to the

allegations made in this Writ Petition.

4. The interim order mentioned by the learned Government

Pleader is as under:

Petitioner to take out notice to respondents 4 to 8 by special messenger. The learned Government Pleader takes notice for respondents 1 to 3.

Post on 13.01.2023.

In the meanwhile, the Station House Officer shall look into Ext.P2 complaint submitted by the petitioner and take appropriate steps to see that law and order is maintained and that the petitioner is permitted to carry out the legally permitted activities, including loading and unloading with his registered headload workers, if the petitioner has all necessary licenses.

5. It is conceded by Sri.Jani A. - learned counsel for the

petitioner, today that after the afore interim order, there have been

no untoward incidents.

In the afore circumstances, I allow this Writ Petition and

confirm the afore interim order; with a consequential direction to

the 1st respondent - Sub Inspector of Police, to ensure that law

and order is maintained in the area, without any of the party

respondents being allowed to take law into their hands or to

commit any act in violation of law.

The petitioner - as long as he conducts his business activities

as per law, employing workers who are covered by Ext.P1 series -

will be fully protected by the 1 st respondent from any threat or

intimidation from any source, so as to enable them to carry on the

work without any hindrance.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                               JUDGE



                 APPENDIX OF WP(C) 412/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF IDENTITY CARD OF RAZACK

ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit p1(a) TRUE COPY OF THE IDENTITY CARD OF MR.

RAFEEQ ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit P1(b) TRUE COPY OF THE IDENTITY CARD OF ABDUL BASHEER ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit P1(c) TRUE COPY OF THE IDENTITY CARD OF MR DASAN A.T. ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit P1(d) TRUE COPY OF THE IDENTITY CARD OF MR ABDUL HASHIM ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit P1(e) TRUE COPY OF THE IDENTITY CARD OF MR ASHRAF .C.K ISSUED BY THE ASSISTANT LABOUR OFFICER, TIRUR Exhibit P2 TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE SECOND RESPONDENT ON 02/01/2023 Exhibit P3 TRUE COPY OF LICENCE NO: C3-1239/22/2022- 23-59 DATED 12/05/2022 ISSUED BY THE MANGALAM GRAMA PANCHAYATH Exhibit P4 TRUE COPY OF LICENCE NO: C3-1238/22/2022- 23-59 DATED 12/05/2022 ISSUED BY THE MANGALAM GRAMA PANCHAYATH RESPONDENT EXHIBITS EXHIBIT R4(a) True copy of the work card dated 03-01- 2023 issued by the Welfare Board for petitioners establishment.

EXHIBIT R4(b) True copy of the complaint dated 03-11- 2022 filed by the party respondents before the Assistant Labour officer.