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M/S Insta Meshes vs Superintendent Of Police
2024 Latest Caselaw 31912 Ker

Citation : 2024 Latest Caselaw 31912 Ker
Judgement Date : 7 November, 2024

Kerala High Court

M/S Insta Meshes vs Superintendent Of Police on 7 November, 2024

W.P.(C)No.22774 of 2020
                                     1


                                                        2020:KER:4930


             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
                              2


                                                 2024:KER:85579



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
                                 3


                                                          2024:KER:85579


             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
                                          4


                                                                      2024:KER:85579


                              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

2024:KER:85579

BEFORE THE 4TH RESPONDENT DATED 29/09/20.

 
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