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2025 DAILYLAW 7625 (KER)

RAJEEV SHARON N.X. v. ERNAKULAM JILLA MOTOR THOZHILALI SANKHAM (BMS).

WP(C)/25405/2023 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26961 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 25405 OF 2023 PETITIONERS: 1 RAJEEV SHARON N.X. AGED 41 YEARS S/O LATE VARGHESE XAVIER NANKELIL, NANKELIL HOUSE, 16/844, THOPPUMPADI, KOCHI-682005, MANAGING PARTNER OF M/S ROSSLINE LOGISTICS, 11/447C, 2ND FLOOR, ROSSLINE SIGNATURE, P T JACOB ROAD, THOPPUMPADI, KOCHI., PIN - 682005 2 RAJANISH N.X. AGED 39 YEARS S/O LATE VARGHESE XAVIER, NANKELIL HOUSE, 16/844, THOPPUMPADI, KOCHI-682005, MANAGING PARTNER OF M/S ALPHINE LOGISTICS SOLUTIONS, 11/447C, 2ND FLOOR, ROSSLINE SIGNATURE, P T JACOB ROAD, THOPPUMPADI, KOCHI., PIN - 682005 BY ADV C.S.SUNIL RESPONDENTS: 1 ERNAKULAM JILLA MOTOR THOZHILALI SANKHAM (BMS). REPRESENTED BY ITS UNION JILLA GENERAL SECRETARY REG.NO:07-06-81, B M S JILLA COMMITTEE OFFICE, I S PRESS ROAD, KOCHI., PIN - 682018 2 SHERY. A.L. ARAKKA PARAMBU, KUMBLANGY P.O., ERNAKULAM DISTRICT., PIN - 682007 3 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, KOCHI- 682030 4 THE COMMISSIONER OF POLICE KOCHI CITY, PARK VIEW, MARINE DRIVE, KOCHI- 682011 WP(C) NO.25405 of 2023 2 2025:KER:26961 5 THE DISTRICT POLICE CHIEF ERNAKULAM RURAL, A.M.ROAD, ALUVA, ERNAKULAM DISTRICT., PIN - 679335 6 THE STATION HOUSE OFFICER MULAVUKADU POLICE STATION, MULAVUKAD P.O., ERNAKULAM DISTRICT., PIN - 682504 7 THE STATION HOUSE OFFICER HARBOUR POLICE STATION, THOPPUMPADI, ERNAKULAM DISTRICT, KOCHI., PIN - 682003 8 THE STATION HOUSE OFFICER NJARAKKAL POLICE STATION, VYPIN, NJARAKKAL P.O., ERNAKULAM DISTRICT., PIN - 682505 BY ADVS. KRISHNA T C P.RAMAKRISHNAN(K/000703/1987) PREETHI RAMAKRISHNAN (P-212)(K/000726/1987) C.ANIL KUMAR(K/000906/1993) ASHA K.SHENOY(K/000576/1999) PRATAP ABRAHAM VARGHESE(K/000235/2005) GOKUL KRISHNA(K/001228/2022) GP.SRI.B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25405 of 2023 3 2025:KER:26961 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the respondents 3 to 8 to render adequate police protection to the petitioners from the threats of the respondents 1 and 2. 2. When the writ petition came up for consideration on 03.08.2023, this Court directed the 6th respondent to ensure that the law and order is maintained in the petitioners’ locality. Subsequently, the said interim order was modified on 24.08.2023, by directing the 7th respondent to see that there is no threat caused to the life of the petitioners. But, the 7th respondent was directed not to interfere in the labour dispute between the petitioners and the party respondents. The said order has been extended from time to time. 3. Heard; the learned counsel for the petitioners and the learned Government Pleader. 4. On a consideration of the facts and the materials on record, especially in view of the above interim order, I am of the view that a quietus can be given to the writ petition. WP(C) NO.25405 of 2023 4 2025:KER:26961 In the aforesaid circumstances, I dispose of the writ petition by permitting the petitioner to approach the 7th respondent in case if there is any threat from the part of the party respondents. If such complaint is filed, the 7th respondent shall act upon the complaint in accordance with law, without interfering in any civil/labour dispute between the petitioners and the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) NO.25405 of 2023 5 2025:KER:26961 APPENDIX OF WP(C) 25405/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF M/S ROSSLINE LOGISTICS AS PER NO. 1305/2012 DATED 28/05/2012 ISSUED BY THE REGISTRAR OF FIRMS. Exhibit-P2 TRUE COPY OF THE PARTNERSHIP DEED DATED 05/06/2019 EXECUTED BY THE PETITIONERS IN THE NAME AND STYLE M/S ALPHINE LOGISTICS SOLUTIONS AT COCHIN. Exhibit-P3 TRUE COPY OF THE NOTICE OF STRIKE DATED 14.07.2023 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER’S FIRM. Exhibit-P4 TRUE COPY OF THE PETITION DATED 18.07.2023 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT SEEKING POLICE PROTECTION. Exhibit-P5 TRUE COPY OF THE COMPLAINT DATED 18.07.2023 FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT SEEKING POLICE PROTECTION. Exhibit-P6 TTRUE COPY OF THE COMPLAINT DATED 18.07.2023 FILED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. Exhibit-P7 TRUE COPY OF THE COMPLAINT DATED 18.07.2023 FILED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT. Exhibit-P8 TTRUE COPY OF THE COMPLAINT DATED 18.07.2023 FILED BY THE PETITIONERS BEFORE THE 7TH RESPONDENT. Exhibit-P9 TRUE COPY OF THE COMPLAINT DATED 18.07.2023 FILED BY THE BEFORE THE 8TH RESPONDENT. Exhibit-P10 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25-07-2023 CALLING OFF THE STRIKE TO THE 1ST PETITIONER.