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2023 Supreme(Online)(KER) 5549

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
CHANDRA CHOODEN NAIR S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI. SAJITH KUMAR, SRI. VIVEK A., SRI. GODWIN JOSEPH, SRI. APARNA CHANDRAN, SRI. REMYA VARMA N.K, SHRI N.MANOJ KUMAR, SRI. K.P.HARISH, SRI. S. MANU, SRI. RENJITH THAMPAN, SRI. V.M.KRISHNAKUMAR

JUDGMENT

S. Manikumar, CJ Instant public interest writ petition is filed for the following reliefs:

(i) To declare that the call for General Strike on 28th and 29th of March, 2022 proposing total cessation of work by forcefully preventing citizens of the State by blocking road and rail is an unconstitutional act and against the binding judgments of this Court including Bharath Kumar v.

State of Kerala [1997 (2) KLT 287 (FB)].

(ii) Issue a writ in the nature of mandamus commanding the respondents 1 to 3 to issue appropriate orders/directions similar to Exhibits P5 to P7, to ensure compulsory attendance of Government servants on the days of General Strike and to initiate disciplinary proceedings as per service rules against the employees abstaining from work on 28th and 29th March, 2022.

(iii) Issue a writ in the nature of mandamus commanding the respondents 1 to 3 to issue orders directing the police personnel to invoke the provisions of Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 against any person/mob/group causing any damage or loss to the private property in connection with the rally/procession in connection with the General Strike on 28th

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