High CourtsSingle Bench(2021) 06 KL CK 0393

Nandakumar.N vs State Of Kerala

High Court Of Kerala · Decided on 25 June 2021

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 26058 Of 2017

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Judgment

22 paragraphs · 413 words

P.V.Kunhikrishnan, J.

1.

This writ petition is filed with following prayers:

i. issue an appropriate writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to afford adequate police protection to the

life and property of the petitioner and his workers against the illegal obstruction caused by the 4th respondent in the smooth functioning of the business of the

petitioner in the interest of justice.

ii. Issue an appropriate writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider Exts.P3, P4 and P5 applications

for registration of attached workers and to decide the same in accordance to law within such time as may be fixed by this Hon'ble court in the interest of justice.

iii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

2.

When this writ petition came up for consideration before this Court on 21.02.2018, this Court passed the following order:

“The petitioner to take out fresh notice on the 4th respondent.

Learned Government Pleader, on instructions from the 2nd respondent, submits that the petitioner's application under the Kerala Headload Workers Rules, 1981 for

registering his own workers under Rule 26A has been allowed. In such circumstances, if any obstruction is caused to the petitioner's loading and unloading work, a

complaint shall be filed before the jurisdictional S.H.O., who shall take appropriate action.â€​

3.

Today, when this writ petition came up for consideration, the counsel for the petitioner submitted that in the light of the interim order passed on

21.02.2018, there is no problem as on now. The counsel submitted that if there is any law and order problem, the petitioner may be allowed to

approach the Station House Officer concerned and there may be a direction to give adequate police protection. The Government Pleader submitted

that there is no law and order issue now and if there is any law and order issue, the Police will do the needful.

In the light of the above submission, this writ petition can be disposed in the following manner:

1.

If there is any law and order issue in connection with the loading and unloading work, the petitioner is free to approach the Station House Officer concerned with a

complaint.

2.

If such a complaint is received, the Station House Officer will do the needful in accordance to law.

With the above observations, this writ petition is disposed of.