M/S. Poabs Group Enterprises Pvt. Ltd vs The Superintendent Of Police
2025 Latest Caselaw 5062 Ker

Kerala High Court

M/S. Poabs Group Enterprises Pvt. Ltd vs The Superintendent Of Police on 12 March, 2025

                                                           2025:KER:20986
W.P.(C). No.4890 of 2021          :1:


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
                           WP(C) NO. 4890 OF 2021
PETITIONERS:
      1       M/S. POABS GROUP ENTERPRISES PVT. LTD.,
              KUTTOOR P.O., THIRUVALLA - 689 106, PATHANAMTHITTA
              DISTRICT, REPRESENTED BY ITS DIRECTOR SRI.THOMAS
              JACOB, RESIDING AT PANACHAYIL HOUSE, KUTTOOR P.O.,
              THIRUVALLA - 689 106, PATHANAMTHITTA DISTRICT.

      2       S.ARUN
              SENIOR MANAGER, M/S.POABS ENTERPRISES PVT.LTD.,
              PAMBANAR ESTATE, PEERUMADE, IDUKKI DISTRICT, PIN -
              683 531.

      3       MOHANAN (CHECK ROLL NO.530)
              AGED 52 YEARS
              S/O.SIVARAMAN, PAMBANAR ESTATE, PEERUMADE, IDUKKI
              DISTRICT, PI - 683 531.

      4       RAVI (CHECK ROLL NO.54)
              AGED 54 YEARS
              S/O.CHELLAIYA, PAMBANAR ESTATE, PEERMADE, IDUKKI
              DISTRICT, PIN - 683 531.

      5       WILLIAN (CHECK ROLL NO.528)
              AGED 45 YEARS
              S/O.CHELLAIYA, PAMBANAR ESTATE, PEERUMADE, IDUKKI
              DISTRICT, PIN - 683 531.

      6       SELVAKUMAR (CHECK ROLL NO.4089)
              AGED 50 YEARS
              S/O.RAJU, PAMBANAR ESTATE, PEERUMADE, IDUKKI
              DISTRICT, PIN - 683 531.
                                                        2025:KER:20986
W.P.(C). No.4890 of 2021       :2:


              BY ADVS.
              N.JAMES KOSHY
              SRI.T.SANJAY



RESPONDENTS:

      1       THE SUPERINTENDENT OF POLICE
              CIVIL STATION, PAINAVU P.O., IDUKKI DISTRICT, PIN -
              685 603.

      2       THE DEPUTY SUPERINTENDENT OF POLICE
              KATTAPPANA, IDUKKI DISTRICT, PIN - 685 515.

      3       THE CIRCLE INSPECTOR OF POLICE
              PEERUMADE POLICE STATION, IDUKKI DISTRICT, PIN -
              685 531.

      4       THE DISTRICT COLLECTOR
              COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI
              DISTRICT, PIN - 685 603.

      5       THE LABOUR COMMISSIONER
              PATTOOR PMG ROAD, UNIVERSITY OF KERALA SENATE
              HOUSE, CAMPUS, PALAYAM, THIRUVANANTHAPURAM - 695
              033.

      6       P.K.SINGH
              VADEKKEKKAD APARTMENT, KUTTIKANAM, PEERUMADE, NEAR
              CIVIL SUPPLIES GODOWN, IDUKKI DISTRICT, PIN - 685
              531.

      7       KUSUM SINGH
              AGED 60 YEARS
              W/O.P.K.SINGH, VADAKKEKKAD APARTMENT, KUTTIKANAM,
              PEERUMADE, NEAR CIVIL SUPPLIES GODOWN, IDUKKI
              DISTRICT, PIN - 685 531.
                                                        2025:KER:20986
W.P.(C). No.4890 of 2021       :3:


      8       ABHISHEK SINGH
              AGED 35 YEARS
              S/O.P.K.SINGH, VADAKKEKKAD APARTMENT, KUTTIKANAM,
              PEERUMADE, NEAR CIVIL SUPPLIES GODOWN, IDUKKI
              DISTRICT, PIN - 685 531.

      9       BINNY KURUVILA
              AGED 35 YEARS
              S/O.KURUVILA, VADAKKEKKAD APARTMENT, KUTTIKANAM,
              PEERUMADE, NEAR CIVIL SUPPLIES GODOWN, IDUKKI
              DISTRICT, PIN - 685 531.

      0       STANELY
              AGED 38 YEARS
              S/O.MARIADAS, LANDROM PUTHUVEL, PEERUMADE, IDUKKI
              DISTRICT, PIN - 685 531.

     11       SHIVAN
              AGED 52 YEARS
              S/O.NARAYANAN KANGANI, OLD PAMBANAR, PEERUMADE,
              IDUKKI DISTRICT, PIN - 685 531.

     12       RAJAPPAN
              AGED 50 YEARS
              S/O.PONNUSWAMI, MELAZUTHA PUTHUVEL, PAMBANAR,
              PEERUMADE, IDUKKI DISTRICT, PIN - 685 531.

     13       STANLEY
              AGED 40 YEARS
              S/O.KUNJUNJU, TOWER MATTA, MELAZUTHA PUTHUVEL,
              PAMBANAR, PEERUMADE, IDUKKI DISTRICT, PIN - 685
              531.

     14       KUMAR
              AGED 45 YEARS
              S/O.DEVASYA, MELAZUTHA PUTHUVEL, PAMBANAR,
              PEERUMADE, IDUKKI DISTRICT, PIN - 685 531.
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W.P.(C). No.4890 of 2021       :4:


     15       PEERUMADE THOTTAM THOZHILALI UNION (CITU)
              REPRESENTED BY ITS PRESIDENT SRI.THILAKAN,
              VANDIPERIYAR, IDUKKI DISTRICT, PIN - 685 533.

     16       HIGH RANGE PLANTATION EMPLOYEES UNION (INTUC)
              REPRESENTED BY ITS PRESIDENT ADV.CYRIAC THOMAS,
              ELAPPARA, IDUKKI DISTRICT, PIN - 685 501

     17       KERALA PLANTATION WORKERS UNION (INTUC)
              REPRESENTED BY ITS GENERAL SECRETARY SRI.SHAJI
              PAINADATH, VANDIYPERIYAR, IDUKKI DISTRICT, PIN -
              685 533.

     18       PLANTATION EMPLOYEES UNION
              REPRESENTED BY ITS PRESIDENT SRI.MUHAMMADALI,
              VANDIPERIYAR, IDUKKI DISTRICT, PIN - 685 533.

     19       HIGH RANGE ESTATE LABOUR UNION (AITUC)
              REPRESENTED BY ITS PRESIDENT SRI.VAZHOOR SOMAN,
              PEERUMADE, IDUKKI DISTRICT, PIN - 685 531.


              BY ADVS.
              GOVERNMENT PLEADER
              SRI.LIJI.J.VADAKEDOM
              SRI.T.A.UNNIKRISHNAN
              SRI.RAJEEV JYOTHISH GEORGE
              SRI.K.K.AKHIL
              SMT.REXY ELIZABETH THOMAS



OTHER PRESENT:

              GP- PARVATHY K


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2025:KER:20986
W.P.(C). No.4890 of 2021         :5:


                            VIJU ABRAHAM, J.
            --   -- -- -- -- -- -- -- -- -- -- -- --
                        W.P.(C) No.4890 of 2021
            --   -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 12th day of March, 2025

                               JUDGMENT

The petitioners have approached this Court seeking a

direction to respondent Nos.1 to 4 to give adequate and effective

police protection to the petitioners and Pambanar Estate workers

to reopen the estate and to conduct necessary plantation activities

in Pambanar Estate without any obstruction, impediment or

hindrance from respondents 6 to 14 and their supporters.

2. When the matter came up for consideration on 08.03.2021

this Court has passed an interim order directing respondents 2 and

3 to take necessary steps to ensure that there is no threat to law

and order in the locality, either at the instance of respondents 6 to

19 or their supporters or at the instance of petitioners 2 to 6 or the

employees, staff, workers at the 1 st petitioner company. It is further

ordered that both sides shall not violate the order of injunction

granted by the competent civil court.

3. The learned Government Pleader upon instructions 2025:KER:20986

submitted that as of now there is no law and order situation in the

subject property.

Taking into consideration the above facts and circumstances,

I am inclined to dispose of the writ petition making the interim

order dated 08.03.2021 absolute.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:20986

APPENDIX OF WP(C) 4890/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ATTACHMENT ORDER PASSED BY THE EMPLOYEE PROVIDENT FUND ORGANISATION, KOTTAYAM DATED 04/09/2001.

EXHIBIT P1(A) TRUE COPY OF ATTACHMENT ORDER PASSED BY THE EMPLOYEES PROVIDENT FUND ORGANISATION, KOTTAYAM DATED 10/08/2005.

EXHIBIT P1(B) TRUE COPY OF ATTACHMENT ORDER PASSED BY THE EMPLOYEES PROVIDENT FUND ORGANISATION, KOTTAYAM DATED 02/07/2007.

EXHIBIT P2 TRUE COPY OF THE ORDER IN CP NO.56/1996 IN CA NO.209/1006 DATED 18/10/1996 OF THE COMPANY LAW BOARD, PRINCIPAL BENCH, NEW DELHI.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN O.S.NO.37/2006 DATED 10/08/2007 OF THE MUNSIFF'S COURT, PEERMADE.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.10656/N1/08/RD DATED 24/03/2008 ISSUED BY PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE (N), THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF PLAINT DATED 17/08/2010 IN O.S.NO.127/2010 FILED BY 7TH RESPONDENT HEREIN BEFORE THE MUNSIFF'S COURT, PEERUMADE.

EXHIBIT P6 TRUE COPY OF THE PLAINT DATED 04/04/2011 IN O.S.NO.93/2011 FILED BY THE 1ST PETITIONER HEREIN BEFORE THE SUB COURT, KATTAPPANA.

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EXHIBIT P7 TRUE COPY OF THE ORDER IN WP(C) NO.26308/2010 DATED 19/08/2010 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P8 TRUE COPY OF THE ORDER IN WP(C) NO.26308/2010 DATED 10/08/2011 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN OP(C) NO.2152/2012 DATED 06/07/2012 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN FAO NO.216/2012 DATED 24/07/2012 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO.2772/2012 DATED 08/02/2012 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 13/07/2012 SUBMITTED BY THE UNIONS OF THE WORKERS BEFORE THE DISTRICT COLLECTOR, IDUKKI.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WP(C) NO.6840/2013 DATED 22/03/2013 OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P14 TRUE COPY OF THE ORDER NO.C6-10641/1 DATED 19/06/2013 ISSUED BY THE DISTRICT COLLECTOR, IDUKKI.

EXHIBIT P15 TRUE COPY OF THE ORDER IN OP(C) NO.1514/2016 DATED 10/03/2017 OF THE HON'BLE HIGH COURT OF KERALA.

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EXHIBIT P16 TRUE COPY OF THE PETITION DATED 18/01/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR, IDUKKI.

EXHIBIT P17 TRUE COPY OF THE FIR IN CRIME NO.2/2021 DATED 01/01/2021 REGISTERED BY THE PEERUMADE POLICE STATION.

EXHIBIT P18 TRUE COPY OF THE LOCKOUT NOTICE DATED 27/12/2020 DECLARED BY THE 1ST PETITIONER.

EXHIBIT P19 TRUE COPY OF THE FIR IN CRIME NO.39/2021 DATED 04/02/2021 REGISTERED BY THE PEERUMADE POLICE STATION.

EXHIBIT P20 TRUE COPY OF THE COMPLAINT DATED 12/01/2021 SUBMITTED BY 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P21 TRUE COPY OF THE LETTER DATED 15/01/2021 SENT BY THE 1ST PETITIONER TO THE TAHSILDAR, PEERUMADE.

EXHIBIT P22 TRUE COPY OF THE REPORT NO.17/21 DATED 06/01/2021 SUBMITTED BY THE VILLAGE OFFICER, PEERUMADE BEFORE THE TAHSILDAR, PEERUMADE.

EXHIBIT P23 TRUE COPY OF REPRESENTATION DATED 18/01/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM.

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EXHIBIT P24 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 20/01/2021 IN THE OFFICE OF THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM BY PARTICIPATING THE REPRESENTATIVE OF 8 UNIONS AND THE REPRESENTATIVES OF THE MANAGEMENT.

EXHIBIT P25 TRUE COPY OF THE REPRESENTATION DATED 22/01/2021 SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA BY THE LOCAL WORKERS.

EXHIBIT P26 TRUE COPY OF THE PETITION DATED 01/02/2021 SUBMITTED BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT AND ITS WITH ACKNOWLEDGMENT RECEIPT.

EXHIBIT P27 TRUE COPY OF THE PETITION DATED 01/02/2021 SUBMITTEDBY THE WORKERS OF THE ESTATE BEFORE THE DISTRICT COLLECTOR, IDUKKI.

EXHIBIT P28 TRUE COPY OF THE PHOTOGRAPHS OF DESTROYED TEA PLANTS OF THE ESTATE LAND TAKEN ON 27/12/2020 AND 30/01/2021 BY THE 1ST PETITIONER.

EXHIBIT P29 TRUE COPY OF THE FIR IN CRIME NO.11/2021 DATED 15/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P30 TRUE COPY OF THE FIR IN CRIME NO.12/2021 DATED 15/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P31 TRUE COPY OF THE FIR IN CRIME NO.13/2021 DATED 15/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

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EXHIBIT P32 TRUE COPY OF THE FIR IN CRIME NO.14/2021 DATED 15/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P33 TRUE COPY OF THE FIR IN CRIME NO.24/2021 DATED 23/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P34 TRUE COPY OF THE FIR IN CRIME NO.25/2021 DATED 23/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P35 TRUE COPY OF THE FIR IN CRIME NO.26/2021 DATED 23/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P36 TRUE COPY OF THE FIR IN CRIME NO.27/2021 DATED 23/01/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P37 TRUE COPY OF THE FIR IN CRIME NO.40/2021 DATED 04/02/2021 REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P38 TRUE COPY OF THE FIR IN CRIME NO.41/2021 DATED 04/02/2021REGISTERED BY PEERUMADE POLICE STATION.

EXHIBIT P39 TRUE COPY OF THE PETITION DATED 17/02/2021 SUBMITTED BY 1ST PETITIONER BEFORE THE RESPONDENTS 1 TO E WITH ACKNOWLEDGMENT RECEIPT.

EXHIBIT P40 TRUE COPY OF THE PETITION DATED 17/02/2021 SUBMITTED BY THE PETITIONER 3 TO 6 REPRESENTING THE WORKERS OF THE ESTATE BEFORE THE RESPONDENTS 1 TO 3 WITH 2025:KER:20986

EXHIBIT P41 TRUE COPY OF THE SALE DEED NO.3389/2006 DATED 21/11/2006 EXECUTED BY SAILESH MOHAN SHARMA AND KUSUM SINGH.

EXHIBIT P42 TRUE COPY OF THE ORDER NO.L.B.(B.12) 12005/11(1) DATED 01/03/2012 ISSUED BY THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM TO THE DISTRICT COLLECTOR, IDUKKI.

RESPONDENT EXHIBITS

EXHIBIT R7(a) THE COPY OF THE SALE DEED NO.3389/2006 OF THE SRO PEERUMADE.

EXHIBIT R7(b) THE COPY OF THE ORDER DATED 10.3.2011 IN I.A. NO.583/2010 IN O.S NO. 127/2010.

EXHIBIT R7(c) THE COPY OF THE ORDER DATED 12.4.2011 IN I.A 434/2011 IN O.S 127/2010 BEFORE THE MUNSIFFS COURT, PEERUMADE.

EXHIBIT R7(d) THE COPY OF THE ORDER DATED 12.4.2011 IN I.A 418/2011 IN O.S 127/2010 BEFORE THE MUNSIFF'S COURT, PEERUMADE.

EXHIBIT R7(e) THE COPY OF THE ORDER DATED 206.2012 IN CMA 15/11 BEFORE THE SUB COURT, KATTAPPANA.

EXHIBIT R7(f) THE COPY OF THE ORDER DATED 206.2012 IN I.A 325/11 IN O.S.93/2011 BEFORE THE SUB COURT, KATTAPPANA.

EXHIBIT R7(g) THE COPY OF THE JUDGMENT DATED 24.2.2015 IN W.P(c) NO.18674/2013 BEFORE THIS HONOURABLE COURT.

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EXHIBIT R7(h) THE COPY OF THE NOTICE DATED 23.1.2021 ISSUED BY THE TALUK SURVEYOR TO THE 7TH RESPONDENT.