Kerala High Court
Paragon Polymer Products Pvt.Ltd vs The Superintendent Of Police
Author: Ashok Bhushan
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
WP(C).No. 27005 of 2014 (A)
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PETITIONER(S):
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PARAGON POLYMER PRODUCTS PVT.LTD., P.B. NO. 61, PARAGON
BUILDINGS, SREENIVASA IYER ROAD, CHALUKUNNU, KOTTAYAM -686001,
REP. BY THE SENIOR GENERAL, MANAGER (PRODUCTION), N.G. NARAYANAN
BY ADVS.SRI.MATHEW JOHN (K)
SRI.DOMSON J.VATTAKUZHY
RESPONDENT(S):
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1. THE SUPERINTENDENT OF POLICE, KOTTAYAM - 686 001.
2. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR - 686 631.
3. THE SUB INSPECTOR OF POLICE, ETTUMANOOR - 686 631.
4. VINOD G. NANDANAM,PERUMPUZHA POST, KUNDARA,
KOLLAM - 691 501. (DELETED)
5. PRASAD V.T., VALIYAKALYL HOUSE, THELLAKAM POST,KOTTAYAM - 686 016.
6. DILEEPKUMAR K.M., KAROTT HOUSE, MUTTAMBALAM POST,KOTTAYAM-686 004.
7. JAYAMON THOMAS, PALLIKKUNNEL HOUSE, THELLAKAM POST,KOTTAYAM-686016.
8. SANTHARAM P.K., PARAYAM MOOLAI HOUSE, DEVALOKAM POST
KOTTAYAM- 686 038.
9. BABU DEVASIA, VALIYAKAL HOUSE, THELLAKAM POST, KOTTAYAM- 686 016
10. V.K. SUNNY, VAZHAPPARAMBIL HOUSE, THELLAKAM POST
KOTTAYAM - 686 016. (DELETED)
ADDL.R10.KERALA HEADLOAD WORKERS WELFARE BOARD, KOTTAYAM,
REPRESENTED BY ITS CHAIRMAN.
11. REJI JOSEPH, KATTUKUNNEL HOUSE, PRUMBAIKKAD POST, KOTTAYAM-686016
* R4 & R10 ARE DELETED AS PER ORDER DATED 27.01.2015 IN IA NO.1178/2015.
* ADDL.R10 IS IMPLEADED AS PER ORDER DATED 13.01.2016 IN IA NO.328/2016
R1-R3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
R5-R9 & 11 BY ADV. SRI.SURIN GEORGE IPE
ADDL.R10 BY SRI.C.S. AJITH PRAKASH, SC, KHWWB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27005 of 2014 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1 COPY OF THE DEED OF LICENCE DATED 01/10/2014.
EXHIBIT-P2 COPY OF THE DELIVERY CHALAN DATED 06/10/2014.
EXHIBIT-P3 COPY OF THE DELIVERY NOTE
EXHIBIT-P4 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE
THE IST RESPONDENT WITH COPIES TO RESPONDENTS 2 AND 3
DATED 13/10/2014.
EXHIBIT-P5 COPY OF THE ORDER DATED 25/07/2014 IN W.P(C) 18389/2014.
EXHIBIT-P6 COPY OF THE IDENTITY CARD ISSUED TO THOMAS SKARIAH.
EXHIBIT-P6(a) COPY OF THE IDENTITY CARD ISSUED TO P.M.MATHEW.
EXHIBIT-P6(b) COPY OF THE IDENTITY CARD ISSUED TO GEORGE VARGHESE.
EXHIBIT-P6(c) COPY OF THE IDENTITY CARD ISSUED TO BINOY V.MATHEW.
RESPONDENT(S)' EXHIBITS
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EXT.R-5(a) COPY OF THE WRIT PETITION 18389/2014 ALONG WITH ITS EXHITIS
EXT.R-5(b) COPIES IDENTITY CARDS ISSUED TO RESPONDENTS 5, 6, 7, 8 & 11
UNDER THE KERALA HEAD LOAD WORKERS ACT, 1978.
//TRUE COPY//
PA TO JUDGE
bka/-
ASHOK BHUSHAN, C.J.
&
A.M. SHAFFIQUE, J.
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W.P.(C) No. 27005 of 2014
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Dated this the 18th day of January, 2016
J U D G M E N T
A.M.Shaffique, J.
This writ petition has been filed, seeking police protection.
2. The writ petitioner is running an industry. It is submitted that the loading and unloading activities carry out by the writ petitioner's own permanent workers have been obstructed by the private respondents. The area is a scheme covered area. During the pendency of the writ petition, the petitioner has produced Exts.P6 to P6(c) identity cards obtained by the permanent workers of the petitioner under Rule 26A of Kerala Headload Workers Act & the Rules. Hence, it is submitted that the private respondents have no right to obstruct the loading and unloading activities carry out by them.
3. A counter affidavit has been filed by respondents 5 to 9 and 11 inter alia stating that they are headload W.P.(C) No. 27005 of 2014 ..2..
workers in the locality and they are entitled to do the loading and unloading works being carried on by the petitioner.
4. When the fact remains that the petitioner has its own registered workers, they are entitled to carry out the loading and unloading works through their own registered workers and the private respondents have no right to obstruct the same. If there is any such obstruction, it is the duty of the police to maintain law and order.
Therefore, the writ petition is disposed of, directing the 3rd respondent to maintain law and order in the matter relating to loading and unloading works carried out by the petitioner with their own registered workers and ensure that no obstruction is caused by the private respondents.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE bka/-