Citation : 2024 Latest Caselaw 31912 Ker
Judgement Date : 7 November, 2024
W.P.(C)No.22774 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
WP(C) NO. 22774 OF 2020
PETITIONER/S:
1 M/S INSTA MESHES
REG NO. 3952/18, CHEERANIKKARA P O, VEMBAYAM,
THIRUVANANTHAPURAM REP BY ITS ACTIVE WORKING
PRAMOD KUMAR, AGED 39 YEARS, S/O PRABHAKARAN,
RESIDIGN AT KAMAL BHAVAN, SOORYA-151,
MANNAAMOOLA, PEROORKADA, THIRUVANANTHAPURAM, PIN-
695005.
2 PRAMOD KUMAR
AGED 39 YEARS
S/O PRABHAKARAN, RESIDIGN AT KAMAL BHAVAN,
SOORYA-151, MANNAAMOOLA, PEROORKADA,
THIRUVANANTHAPURAM, PIN-695005.
3 SLAN BABU
AGED 28 YEARS
S/O SATHEESH, RESIDING AT KUNNEXHATHU, PUNNAPPRA
P O, ALAPPUZHA-688004.
BY ADVS.
ARUN BABU
SRI.A.ALI NAFIYUDEEN
SMT.PREETHAKUMARI R.
W.P.(C)No.22774 of 2020
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RESPONDENT/S:
1 SUPERINTENDENT OF POLICE
OFFICE OF THE DISTRICT POLICE, P M G JN,
THIRUVANANTHAPURAM-695033.
2 SUB INSPECTOR OF POLICE
VATTAPPARA POLICE STATION, VATTAPPARA,
THIRUVANANTHAPURAM,(RURAL), THIRUVANANTHAPURAM-
695028.
3 ASSISTANT LABOUR OFFICER
NEDUMANGADU, THIRUVANANTHAPURAM-695541.
4 DISTRICT LABOUR OFFICER
THOZHIL BHAVAN, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
5 BINU
S/O PRABHAKARAN, RESIDENT OF AMBAZHA MUKAL
VEEDU, CHEERANIKARA P O, VEMBAYAM,
THIRUVANANTHAPURAM-695615.
6 SUNIL
S/O SURENDRAN, RESIDENT OF MARUTHUMMOODU VEEDU,
CHEERANIKARA P O, VEMBAYAM, THIRUVANANTHAPURAM-
695615.
7 PARTHASARATHI; PARTHASARATHI
S/O SREEDHARAN PILLAI, RESIDENT OF MOTTAVILA
VEEDU, CHEERANIKARA P O, VEMBAYAM,
THIRUVANANTHAPURAM-695615.
8 BHARATHEYA
MASDOOR SANGH (BMS) TRADE UNION, REPRESENTED BY
ITS SECRETARY VINEETH, S/O VIDHYADHARAN,
RESIDENT OF EENTHIVIAL, PLAVUVILA
THADATHARIKATHU VEEDU, CHEERANIKARA P O,
VEMBAYAM, THIRUVANANTHAPURAM-695615.
9 THE KERALA HEAD LOAD
WORKERS WELFARE BOARD, KAUSTHUBHAM COMPLEX,
CHENTHITTA, THIRUVANANTHAPURAM-695036
W.P.(C)No.22774 of 2020
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REPRESENTED BY ITS CHAIRMAN.
BY ADV SHRI.THOMAS ABRAHAM
OTHER PRESENT:
R1 TO 4 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22774 of 2020
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P.M.MANOJ, J.
.......................................
W.P.(C)No.22774 of 2020
..................................................................
Dated this the 7th day of November, 2024
JUDGMENT
This writ petition is preferred seeking adequate police
protection to the life and property of the petitioners, against
respondents 5 to 8.
2. It is submitted by the learned counsel for the
petitioners that at the time of filing this writ petition, the area
in which the petitioners' establishment situated is not a
scheme-covered area. On considering the said facts, this
Court was pleased to grant an order on 23.10.2020, directing
the 2nd respondent to ensure that the law and order situation
is maintained and that no obstruction is caused by the party
respondents to the ingress and egress of the vehicles, staff,
and management of the 1st petitioner establishment.
3. It is further submitted by the learned counsel for
the petitioners that it is not sure with respect to the present
status of the area in which the petitioners' establishment is
2024:KER:85579
existing. If there is any change of circumstances thereby
subsequently the area in which the petitioners establishment
exists is declared as a scheme-covered area, the petitioners
will have to take appropriate steps under the provisions of
the Head Load Workers Act, 1978.
Since no reporting of further occurrence of law and
order situation, by making the interim order dated
23.10.2020 absolute, this writ petition is closed.
Sd/-
P.M.MANOJ, JUDGE Dxy
2024:KER:85579
APPENDIX OF WP(C) 22774/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PARTNERSHIP AGREEMENT DATED 09.04.2019
EXHIBIT P1(a) registration certificate bearing no 3952/2018 dated 26.09.2018.
EXHIBIT P2 THE REGISTERED LEASE AGREEMENT BEARING NO 1221/2018 DATED 28/05/2018 OF KANYAKULANGARA SRO
EXHIBIT P3 LICENCE NO 138/2019-20 DATED 01.08.2019 ISSUED BY VEMBAYAM GRAMA PANCHAYATH.
EXHIBIT P4 UDYOG AADHAR REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISE BEARING NUMBER KL-12B0017606.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY 2ND AND 3RD PETITIONERS BEFORE 2ND RESPONDENT DATED 18/09/2020.
EXHIBIT P5(a) RECEIPT BEARING NO.436/2020/VTPRA/DPTN DATED 19/08/2020 ISSUED BY 2ND RESPONDENT DATED 25/09/2020
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY PETITIONERS TO 1ST RESPONDENT.
EXHIBIT P6(a) RECEIPT BEARING NO.41795/20 DATED 25.09.2020 ISSUED BY 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 29/09/20.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT FILED
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BEFORE THE 4TH RESPONDENT DATED 29/09/20.
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