Kerala High Court
R K N Global Resources vs State Of Kerala on 5 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:18846
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 5TH DAY OF MARCH 2025/14TH PHALGUNA, 1946
WP(C) NO. 2715 OF 2023
PETITIONER:
R K N GLOBAL RESOURCES,
A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT
T.C NO. 19-525, KARTHIKA BHAVAN, MINI NAGAR,
KATTAKADA P.O, THIRUVANANTHAPURAM DISTRICT.
PIN. 695 572 REP. BY ITS SOLE PROPRIETOR
HARIKRISHNAN NAIR . K, AGED 70,
S/O. G. KARTHIYANI AMMA, 341, WARD-17,
MAIN ROAD, NEAR R K N HALL, KULATHUMMAL,
KATTAKKADA P.O, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695 572.
BY ADVS.
RINU. S. ASWAN
S.SUDHEESH
GOPIKA H.H
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM DISTRICT., PIN - 682 031.
2 THE CIRCLE INSPECTOR OF POLICE,
KOLLAM EAST POLICE STATION, KARBALA,
KOLLAM DISTRICT., PIN - 691 001.
3 THE CIRCLE INSPECTOR OF POLICE,
KAYAKULAM POLICE STATION, KAYAMKULAM - THIRUVALLA
HIGHWAY, KAYAMKULAM P.O, PIN - 690 502.
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4 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
ASHRAMAM ROAD, ASRAMAM P.O, KOLLAM DISTRICT,
PIN - 691 001.
5 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF. CIVIL STATION
WARD, ALAPPUZHA P.O, PIN - 688 012.
6 THE DISTRICT LABOUR OFFICER,
OFFICE OF THE DISTRICT LABOUR OFFICER,
THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA,
PIN - 688 013.
7 THE DISTRICT LABOUR OFFICER,
OFFICE OF THE DISTRICT LABOUR OFFICER,
CIVIL STATION, KOLLAM DISTRICT, PIN - 691 003.
8 THE KERALA HEAD LOAD WORKERS WELFARE BOARD REPRESENTED
BY ITS AUTHORIZED OFFICER,
MUNICIPAL SHOPPING COMPLEX, THATHAMPALLY P.O.,
ALAPPUZHA DISTRICT., PIN - 688 013.
9 THE KERALA HEAD LOAD WORKERS WELFARE BOARD, REPRESENTED
BY ITS AUTHORIZED OFFICER
USHUS BUILDING, ANDAMUKKAM, KOLLAM,
PIN - 691 101.
10 SOUTHERN RAILWAY REPRESENTED BY ITS GENERAL MANAGER
DIVISIONAL OFFICE AT HOUSING BOARD, THYCAUD,
TRIVANDRUM., PIN - 695 014.
11 SECRETARY AND POOL LEADER,
INTUC HEADLOAD WORKERS UNION, KAYAKULAM RAILWAY STATION
POOL, KAYAMKULAM P.O, ALLAPPUZHA DISTRICT.,
PIN - 690 572.
12 SECRETARY AND POOL LEADER,
CITU HEADLOAD WORKERS UNION, KAYAKULAM RAILWAY STATION
POOL, KAYAMKULAM P.O, ALLAPPUZHA DISTRICT.,
PIN - 690 572.
13 SECRETARY AND POOL LEADER,
CITU HEADLOAD WORKERS UNION,
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KOLLAM RAILWAY STATION POOL, CHAMKKADA,
KOLLAM DISTRICT, PIN - 691 001.
14 SECRETARY AND POOL LEADER,
INTUC HEADLOAD WORKERS UNION,
KOLLAM RAILWAY STATION POOL, CHAMKKADA,
KOLLAM DISTRICT, PIN - 691 001.
BY ADV S.KRISHNA MOORTHY(ERNAKULAM)
GP SRI B S SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.2715 of 2023
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JUDGMENT
Dated this the 5th day of March, 2025
The Writ Petition is filed to direct the 2 nd respondent to
afford adequate police protection to the petitioner and their
workers from the threat of the respondents 11 to 14 and their
members.
2. When the writ petition came up for consideration on
25.01.2023, this Court passed the following order:
"Admit
2. The learned Government Pleader takes notice for
respondents 1 to 7. The learned Standing Counsel takes notice
for respondents 8 and 9. The learned DSGI takes notice for
respondent No.7. Issue urgent notice by special messenger to
respondents 11 to 14.
There will be a direction to the 2nd and 3rd
respondents to afford adequate police protection to the
petitioner, if the unloading is done by the petitioner through
mechanised process. But I make it clear that, if there is any
other work to be done manually, the head load workers are to be
engaged. If there is any dispute about the rate of wages to be
paid to the head load workers, the petitioner is free to pay the
amount to the 8th and 9th respondents directly.
Post on 31.01.2023."
3. Heard; the learned counsel for the petitioner and the
learned Government Pleader and the learned Standing Counsel
appearing for the respondents 8 and 9.
4. The learned counsel for the petitioner argued that,
subsequent to the interim order dated 25.01.2023, the loading
2025:KER:18846
and unloading work is being done through mechanised process
and whenever manual labour is required, head load workers have
been engaged from the pool maintained by respondents 11 to 14.
5. On a consideration of facts and materials on record,
I am of the view that a quietus can be given to the writ petition
by making interim order dated 25.01.2023 absolute.
Resultantly, the writ petition by disposed of making the
interim order dated 25.01.2023 absolute.
Sd/-
C.S.DIAS
JUDGE
ADS
2025:KER:18846
APPENDIX OF WP(C) 2715/2023
PETITIONER EXHIBITS
EXHIBIT- P1 A TRUE COPY OF THE RECENT PHOTOGRAPHS TAKEN
BY THE PETITIONER ONSITE AT THE TIME OF
LOADING INTO THE RAILWAY WAGONS DATED NIL.
EXHIBIT-P2 A TRUE COPY OF QUOTATION WITH PRICE DETAILS
OF THE PETITIONER FIRM DATED 26.12.22.
EXHIBIT-P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE
IN THE NAME OF THE PETITIONER FIRM DATED NIL.
EXHIBIT-P4 A TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE IN THE NAME OF THE PETITIONER
FIRM DATED NIL.
EXHIBIT-P5 A TRUE COPY OF THE JUDGMENT REPORTED IN 2019
VOL 4 K H C PAGE 803 DATED 20.08.19.
EXHIBIT-P6 A TRUE COPY OF COMPLAINT OF THE PETITIONER TO
THE 2ND RESPONDENT DATED 23.01.23 ALONG WITH
COURIER RECEIPT.
EXHIBIT-P7 A TRUE COPY OF COMPLAINT OF THE PETITIONER TO
THE 3RD RESPONDENT DATED 23.01.23 ALONG WITH
POSTAL RECEIPT.
