Kerala High Court
Maradu Market Traders' Association vs State Of Kerala on 6 June, 2010
Author: V.K.Mohanan
Bench: V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
&
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY,THE 25TH DAY OF APRIL 2014/5TH VAISAKHA, 1936
WP(C).No. 11345 of 2014 (P)
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PETITIONER(S):
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MARADU MARKET TRADERS' ASSOCIATION
REG.NO. ER-391/08, ROOM NO. A-1
AGRICULTURAL URBAN WHOLESALE MARKET, NETTOOR P.O.
ERNAKULAM-682040
REPRESENTED BY ITS GENERAL SECRETARY, T.E.NADIRSHA.
BY ADVS.SRI.ASHIK K.MOHAMMED ALI
SMT.SAJNA T.UMMER
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. THE PRINCIPAL SECRETARY
HOME DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695001.
3. THE SUB INSPECTOR OF POLICE
PANANGAD POLICE STATION, ERNAKULAM-682304.
4. THE CHIEF EXECUTIVE OFFICER
KERALA HEADLOAD WORKERS' WELFARE BOARD, SRM ROAD
ERNAKULAM-682018.
5. ERNAKULAM DISTRICT TRANSPORTING AND GENERAL
WORKERS UNION (INTUC)
REG.NO. 5051, NETTOOR UNIT, NETTOOR
ERNAKULAM-682040
REPRESENTED BY ITS GENERAL SECRETARY
FRANCIS MANJOORAN.
6. ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS UNION (CITU)
MARADU P.O., ERNAKULAM-682304
REPRESENTED BY ITS SECRETARY, C.R.SHANAVAS.
7. THE SECRETARY
AGRICULTURAL URBAN WHOLESALE MARKET, MARADU
ERNAKULAM-682040.
STATE ATTORNEY SRI.P.VIJAYARAJAVAN
SRI.C.S. AJITH PRAKASH, SC, KHWWB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-04-
2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11345 of 2014 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER
ASSOCIATION WITH ENGLISH TRANSLATION.
EXHIBIT P2- TRUE COPY OF THE G.O.(RT) NO. 1239/2003/LBR ISSUED BY THE
GOVERNMENT.
EXHIBIT P3- TRUE COPY OF THE ORDER NO. TM(1) 11365/10 DATED 6-6-2010 ISSUED
BY THE DIRECTOR OF AGRICULTURE.
EXHIBIT P4- TRUE COPY OF THE LETTER NO. AUWM 29/2009 7-10-2010 ISSUED BY
THE 7TH RESPONDENT WITH ENGLISH TRANSLATION.
EXHIBIT P5- TRUE COPY OF THE LETTER DATED 21-3-2014 ISSUED BY THE 5TH
RESPONDENT WITH ENGLISH TRANSLATION.
EXHIBIT P6- TRUE COPY OF THE REPLY DATED 29-3-2014 ISSUED BY THE
PETITIONER ASSOCIATION.
EXHIBIT P7- TRUE COPY OF THE LETTER DATED 17-4-2014 ISSUED BY THE 6TH
RESPONDENT WITH ENGLISH TRNSLATION.
EXHIBIT P8- TRUE COPY OF THE PETITION DATED 20-4-2014 GIVEN BY THE
PETITIONER TO THE 3RD RESPONENT.
EXHIBIT P9- TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT WITH
ENGLISH TRANSLATION.
EXHIBIT P10- TRUE COPY OF THE LIST OF TRADERS IN THE PETITTIONER
ASSOCIATION.
RESPONDENT(S)' EXHIBITS
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V.K.MOHANAN & ALEXANDER THOMAS, JJ.
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W.P.(C).No. 11345 of 2014
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Dated this the 25th day of April, 2014
J U D G M E N T
ALEXANDER THOMAS, J.
The above Writ Petition has been filed seeking a writ of mandamus to direct the 3rd respondent-Sub Inspector of Police, Panangad Police Station, Ernakulam, to afford adequate and appropriate police aid and protection to all the 138 traders mentioned in Ext.P10 and the members of the petitioner Association, their manager/partners, workers and their properties so as to carry on their business in the Agricultural Urban Wholesale Market, Nettoor, Ernakulam, against the criminal acts of respondent Nos.5 and 6 and their men and to ensure maintenance of law and order and other ancillary reliefs.
When the Writ Petition came up for consideration today, the learned State Attorney, Sri.P.Vijaya Raghavan, submits on instructions from the official respondents that the official respondent concerned have made an enquiry into the complaint submitted by the Writ Petitioner and that accordingly, respondents 5 and 6 were summoned to the police station on w.p.c.11345/14 - : 2 :-
17.4.2014 to elicit the veracity of the allegations raised by the petitioner against them and that the said contesting respondents 5 and 6 informed the police authorities that they would not interfere with the conduct of the business of the petitioner Association and that they would agitate their grievances only before the appropriate labour authorities concerned. It is further submitted on instructions by the learned State Attorney that as regards the further complaint of the petitioner that another alleged untoward incident was caused by respondents 5 and 6, the official respondents conducted an enquiry thereon and found that the allegation raised by the petitioner therein was baseless.
It is further assured by the learned State Attorney on instructions from the official respondents that in case there is any law and order situation in the matter emanating out of the disputes between the writ petitioner and contesting respondents 5 and 6, then the police authorities would look into the same and act in accordance with law and ensure that any unlawful obstructions created by respondents 5 and 6 or their men would be dealt with and controlled by the police authorities in w.p.c.11345/14 - : 3 :-
accordance with law. These submissions of the State Attorney on behalf of the official respondents are recorded. In view of the above submissions made before us by the official respondents, we close this Writ Petition.
Sd/-
V.K.MOHANAN, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE
///True copy///
P.S. to Judge
w.p.c.11345/14 - : 4 :-