IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO.7410 OF 2022 PETITIONER :-

MOHAMMED BILAL, AGED 38 YEARS S/O. ABDUL SATHAR SAIT, PARTNER OF M/S HHYS INFRAMART, AT XVI/409D, KMKIH BUILDING MUKKAVALA, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502, RESIDING AT UPPOOKKOOTTIL HOUSE, BANK ROAD, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502.

BY ADVS.

V.J.JAMES K.A.HAZAN M.M.FATHIMA JALEENA ARUN PAUL (KAPRASSERY)

K.P.WILSON RESPONDENTS :-

1 THE STATION HOUSE OFFICER &

CIRCLE INSPECTOR OF POLICE SOORANAD POLICE STATION, KOLLAM DISTRICT, PIN – 690 522.

2 THE DISTRICT POLICE CHIEF KOLLAM, PIN - 691 001.

3 THE ASST. LABOUR OFFICER SAMSTAMKOTTA, KOLLAM DISTRICT, PIN – 690 521.

4 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

5 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE OFFICE, USHUS BUILDINGS, KOLLAM, PIN - 691 001.

6 THE SECRETARY CHUMATTU THOZHILALI UNION (CITU), CHAKKUVALLI UNIT, SOORANAD NORTH GRAMA PANCHAYAT, WARD XI, P. O. SOORANAD NORTH, KOLLAM DISTRICT, PIN - 690 522.

BY ADV K.SIJU BY SRI.T.K.SHAJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10 ^th day of March, 2022 This writ petition is filed seeking the following reliefs :-

“i. Issue a Writ of Mandamus or such other Writ, Order or Direction compelling Respondents 1 & 2 to remove the illegal and forcible obstructions from the part of 6^th Respondent and their supporters, to the loading and unloading works in the establishment of the petitioner.

ii. Issue a Writ of Mandamus or such other Writ, Order or Direction to the 1^st and 2^nd respondents to extend adequate and effective police protection to the petitioner, his establishment and the staff including the five registered attached head load workers in Exhibits P6 to P10 to carry out the loading and unloading works in the establishment of the petitioner.”

2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 5^th respondent.

3. It is submitted by the learned counsel for the petitioner that the petitioner is a partner of a firm which deals in cement, steel and other construction materials. The establishment has branches in Alappuzha and Kollam Districts. It is submitted that the petitioner has registered workers at its godown in Chettikulangara Panchayat, Alappuzha District. It is submitted that a branch of the establishment was started at Chakkuvalli in Sooranadu North Grama Panchayat in February, 2022. The Assistant Labour Officer had granted permission to the petitioner for employing seven employees including five head load workers in the new premises by Ext.P16. It is submitted that the petitioner has transferred and posted five out of the 15 head load workers from Chettikulangara godown to Chakkuvalli premises with effect from 1.3.2022 and the transfer was informed to the Assistant Labour Officer also. It is stated that however, the 6^th respondent has not permitted the carrying out of the loading and unloading works in the petitioner's premises at Chakkuvalli by using his registered workers.

4. Though notice was taken out to the 6^th respondent, there is no appearance for the 6^th respondent.

5. The learned counsel appearing for the 5^th respondent submits that if the persons doing the loading and unloading activities in the new premises are persons having due registrations, the petitioner is entitled to carry out such activities using such registered workers even when transferring them from the Chettikulangara premises.

6. The learned counsel for the petitioner places reliance on the decisions of this Court in Eastern Condiments (P) Ltd. v. Sub Inspector of Police [2012 (3) KLT 58] and K.K.Issac and Company v. District Police Chief [2020 (2) KLT 228].

7. A Division Ben