JUDGMENT

The petitioner is engaged in the sale of provisional and allied products in wholesale and retail under the name and style, 'Kaduveli stores', with godown and shop situated at door No.9/325A of Mannam P.O., North Paravur. The petitioner has shifted to a new godown and shop situated at door No.10/311-2, Vedimara, North Paravur within the limits of North Paravur Municipality. The document marked as Ext.P1 is the licence dated 11.12.2020 issued by the North Paravur Municipality after the shifting of business. The petitioner, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3 rd respondent Inspector of Police and 4 th respondent District Police Chief to afford proper and adequate police protection to the life of the petitioner, his employees and vehicles from the threat of respondents 1 and 2 and their men for loading and unloading work in the business establishment of the petitioner through his own permanent headload workers with identity cards issued under Rule 26A of the Kerala Head Load Workers Rules, 1981.

2. On 22.12.2020, when this writ petition came up for admission, notice before admission was ordered to respondents. The learned Government Pleader took notice for respondents 3, 4 and 6.

The learned Standing Counsel took notice for the 5 th respondent. Urgent notice by speed post was ordered to respondents 1 and 2. The learned counsel for the petitioner submitted that the petitioner has attached workers holding cards issued under Rule 26A of the Kerala Head Load Workers Rules, and the establishment is not situated in an area, where the functional operation of the scheme has been extended. Having considered the submissions, this Court granted an interim order on 22.12.2020, directing the respondents 3 and 4 to afford proper and adequate police protection to the life and property of petitioner, his employees and vehicles from the threat of respondents 1 and 2 and their men for loading and unloading work in the business establishment of the petitioner through his own permanent headload workers with identity cards issued under Rule 26A of the Kerala Head Load Workers Rules, 1981, for a period of three weeks. The said order was extended by one month by order dated 14.01.2021.

3. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the respondents 3, 4 and 6 and also the learned Standing Counsel for the 5 th respondent Kerala Head Load Workers Welfare Board. Despite service of notice, none appears for respondents 1 and 2.

4. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law.

5. Lord Denning in 'The Due Process of law' [First In