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2021 Supreme(Online)(KER) 47904

HIGH COURT OF KERALA
Dinesh Mathew J. Muricken, Sunil Nath N., JJ
BIJU K.K, – Appellant
Versus
DISTRICT POLICE CHIEF – Respondent


Advocates:
SRI. DINESH MATHEW J.MURICKEN, SRI SUNIL NATH N.B - GOVT.PLEADER

JUDGMENT

The petitioner is a Railway Contractor, who undertook to execute the work of track renewal between Valayar and Palakkad, on the strength of Ext.P1 Letter of Acceptance. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the petitioner is entitled to do the work of track renewal as per Ext.P1 Letter of Acceptance, between Valayar to Palakkad, without any obstruction from respondents 3 to 5 or such associations affiliated to them, as the railway premises is not coming within the purview of Kerala Head Load Workers Act , 1978. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to afford adequate police protection to the petitioner, his workers and equipment operators for unloading of concrete sleepers, as directed by the Engineer Southern Railway, near to railway track and other adjoining places and to execute the work as per Ext.P1, with crane and other mechanical devices like JCB, etc., in the railway track between Valayar to Palakkad.

2. On 24.09.2020, when this writ petition came up for admission, notice before admission was ordered to the respondents. The learned Governme

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