JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 3 and 4 to give sufficient and adequate police protection to the petitioner to load and unload glass boxes in the building with Door No.14/553-A situated at Puthencruz Village, Kunnathunadu Taluk for conducting the wholesale business of glass on the basis of Ext. P1 licence ii. Grant such other reliefs as this Hon'ble Court may deems fit and proper at the request of the petitioner.

2. When this writ petition came up for consideration before this Court on 16.10.2019, this Court passed the following order:

“Heard the learned counsel for the petitioner as also the learned counsel for respondents 1 and 2.

Having regard to the facts and circumstances of the case, I deem it appropriate to pass an interim order directing the fourth respondent to extend police aid to the petitioner for the loading and unloading activity carried on by him using cranes in his premises referred to in the writ petition. Ordered accordingly.”

3. Today, when this writ petition came up for consideration, the counsel for the petitioner submitted that the interim order may be retained and the writ petition may be disposed. The counsel who is appearing for the contesting respondents submitted that in addition to the work through cranes, the petitioner needs the help of headload workers. The counsel submitted that it is a scheme covered area. The contesting respondents are registered workers. The counsel also submitted that under the guise of the interim order, the petitioner is avoiding the registered workers. The counsel for the Board takes me through some of the averments in the writ petition in paragraph 2 and ground B of the writ petition in which it is stated that “apart from the crane operator, one or two helpers are required to assist the crane operator and their duties are not loading and unloading”. The counsel submitted that this is a matter to be looked into.

4. In such circumstances, according to me, the interim order can be retained and the writ petition can be disposed with a further direction to the officials of the additional 5th respondent to visit the premises of the petitioner and find out whether the entire work is done through the crane or whether the duties of headload workers are there in the premises. If such work is there, the 5th respondent can take appropriate steps.

Therefore, this writ petition is disposed of, retaining the interim order, with following further directions:

1. If there is any threat to the petitioner for the loading and unloading activities carried on by him exclusively using cranes in his premises, the additional 6th respondent will afford adequate police protection.

2. The officers of the additional 5th respondent are free to visit the premises of the petitioner with notice to the petitioner and the contesting respondents, and find out whether any loading and unloading work is done by the petitioner in addition to the work carried out using cranes.

3. If there is any loading and unloading work available, the members of respondents 1 and 2 are entitled to do the same especially because it is a scheme covered area.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

JV

APPENDIX OF WP(C) 23585/2019 PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE LICENCE DATED 10.6.2019 ISSUED BY THE SECRETARY, VADAVUCODE-

PUTHENCRUZ GRAMA PANCHAYAT.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED

29.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE RECEIPT DATED 3.7.2019 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.