M/S DELTA STEELS, REP BY MANAGING PARTNER, MR.MUHAMMED ANAS THATTATHAZHATH v. STATE OF KERALA
WP(C)/6214/2025 · 2025-04-01
C S Dias
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3574 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3574 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 6214 OF 2025 1 2025:KER:27800 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 6214 OF 2025 PETITIONER/S:
M/S DELTA STEELS, REP BY MANAGING PARTNER, MR.MUHAMMED ANAS THATTATHAZHATH AGED 45 YEARS DOOR NO 7/179 A ALOOR PATTHITHARA PO PALAKKAD KERALA, PIN - 679534 BY ADVS. B.SURJITH RAHANA JOSE LIJO JOSEPH AKSHAYA REGHU RESPONDENT/S: 1 STATE OF KERALA SECRETARY TO THE GOVERNMENT OF KERALA DEPARTMENT OF HOME GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS VELLAYAMBALAM THIRUVANANTHAPURAM, PIN - 695010 3 THE DISTRICT POLICE CHIEF, PALAKKAD OFFICE OF THE DISTRICT POLICE CHIEF PALAKKAD YAKKARA ROAD NEAR KSRTC BUS STAND PALAKKAD KERALA, PIN - 678014 4 THE STATION HOUSE OFFICER, THRITHALA POLICE STATION THE STATION HOUSE OFFICER THRITHALA POLICE STATION THRITHALA PALAKKAD, PIN - 679534 5 GANESHAN
WP(C) NO. 6214 OF 2025 2 2025:KER:27800 KUTTATHUVALAPPIL ALOOR TRITHALA PATTITHARA PO PALAKKAD DISTRICT, PIN - 679534 6 SALIM C SO LATE KUNJEYTHU CHITTAPURATH HOUSE TRITHALA KOTTAPPADAM PO PALAKKAD DISTRICT, PIN - 679534 7 KUNJIMAN M C MEENANIKOTTIL HOUSE ALOOR TRITHALA PATTITHARA PO PALAKKAD DISTRICT, PIN - 679534 8 KUNJAPPA CHEERAKUZHIYIL ALOOR TRITHALA PATTITHARA PO PALAKKAD DISTRICT, PIN - 679534 9 FIROZ M C MEENANIKOTTIL HOUSE ALOOR TRITHALA PATTITHARA PO PALAKKAD DISTRICT, PIN - 679534 0 ADDL. R10 KERALA HEADLOAD WORKERS WELFARE BOARD, SRM ROAD, KALOOR, ERNAKULAM NORTH P'O., PIN - 682018 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (ADDITIONAL R10 IMPLEADED AS PER ORDER DATED 28/02/2025 IN I.A.1/2025 IN WP(C)6214/2025) BY ADV THOMAS ABRAHAM GP. SRI. AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6214 OF 2025 3 2025:KER:27800 C.S.DIAS, J. --------------------------------------- WP(C) No. 6214 OF 2025 ----------------------------------------- Dated this the 1st day of April, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 to 4 to afford adequate police protection to the petitioner for carrying on its business activities without any threats from the part of the respondents 5 to 9 and their men. 2. When the writ petition came up for consideration on 28.02.2025, this Court passed the following order:
“The learned Government Pleader takes notice for the respondents 1 to 4. Sri.Thomas Abraham takes notice for the additional 10th respondent.
Issue notice by speed post to the respondents 5 to 9. On a consideration of the facts and the materials on record, and taking into account the submission by the learned Standing Counsel for the 10th respondent that the petitioner's establishment is not within the scheme covered area, I am satisfied that the petitioner is entitled to an ad- interim order. Hence, I direct the 4th respondent to afford adequate police protection to the petitioner to operate their establishment against the threats from the respondents 5 to 9 and their men. Post on 25.03.2025”. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. Although service of
WP(C) NO. 6214 OF 2025 4 2025:KER:27800 notice is complete on the party respondents, there is no appearance for them. 4. On a consideration of the facts and the materials on record, particularly that the petitioner establishment is not situated within the Scheme Covered area under the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, I am of the view that the writ petition is to be disposed of, by making the interim order dated 28.02.2025 absolute. In the result, the writ petition is disposed of, by making the interim order dated 28.02.2025 absolute. Sd/-
C.S.DIAS, JUDGE rkc/01.04.25
WP(C) NO. 6214 OF 2025 5 2025:KER:27800 APPENDIX OF WP(C) 6214/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED FROM PATTITHARA GRAMA PANCHAYATH, DATED 16.08.2024 Exhibit P2 TRUE COPY OF THE ORDER DATED 16.12.2024 ISSUED BY THE DISTRICT LABOR OFFICER AND APPELLATE AUTHORITY, PALAKKAD Exhibit P3 TRUE COPY OF THE IDENTITY CARDS OF MR. ALAGAR PULIYAN AND MR.MUHAMMED BASHEER ISSUED BY THE ASSISTANT LABOUR OFFICER, SHORANUR Exhibit P4 TRUE PHOTOGRAPHS TAKEN ON 28.12.2024 Exhibit P5 TRUE PHOTOGRAPHS TAKEN ON 17.01.2025 Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BEFORE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE RECEIPT DATED 18.01.2025 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT