WP(C) NO. 34668 OF 2023 1 2025:KER:26022 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. 34668 OF 2023 PETITIONER/S: VALSALAKUMARI P AGED 63 YEARS , W/O R VIJAYAKUMAR, RESIDING IN THE ADDRESS 'HARISREE', RAMANGIRI P O, ALAPUZHA DISTRICT, PIN - 689595 BY ADV G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, NEDUMUDI POLICE STATION, NEDUMUDI P O, ALAPUZHA DISTRICT, PINCODE-688505., PIN - 688505 3 THE SUB INSPECTOR OF POLICE OFFICE OF THE SUB INSPECTOR OF POLICE , NEDUMUDI POLICE STATION, NEDUMUDI P O, ALAPUZHA DISTRICT,, PIN - 688505 4 SUNIL FATHER’S NAME NOT KNOWN, RESIDING IN THE ADDRESS VALAYIL HOUSE, CHAMBAKULAM P O, ALAPUZHA DISTRICT, MEMBER CITU, CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 5 SOMAN, , FATHER’S NAME NOT KNOWN, RESIDING IN THE ADDRESS KALATHIL HOUSE, MEMBER BMS CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 WP(C) NO. 34668 OF 2023 2 2025:KER:26022 6 GANESH, FATHER’S NAME NOT KNOWN, RESIDING IN THE ADDRESS KALATHIL HOUSE, CHAMBAKULAM P O, MEMBER AITUC CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 7 MADHU, FATHER’S NAME NOT KNOWN, RESIDING IN THE ADDRESS KALATHIL HOUSE, MEMBER INTUC, CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 8 BIJU, RESIDENCE ADDRESS NOT KNOWN, CHAMBAKULAM P O, MEMBER SUCI, CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 9 JAYAN FATHER’S NAME NOT KNOWN,RESIDING IN THE ADDRESS VELAMPARAMBIL HOUSE, CHAMBAKULAM P O, MEMBER SUCI, UTUCI, CHAMBAKULAM UNIT, ALAPUZHA DISTRICT, PIN - 688503 0 THE ASSISTANT LABOUR OFFICER OFFICE OF THE ASSISTANT LABOUR OFFICER, MANKOMB P O, ALAPUZHA DISTRICT, PIN - 688502 11 THE SECRETARY CHAMBAKULAM GRAMA PANCHAYATH, CHAMBAKULAM P O, ALAPUZHA DISTRICT, PIN - 688503 12 THE KERALA HEADLOAD WORKERS WELFARE BOARD REPRESENTED BY THE DISTRICT OFFICER, DISTRICT OFFICE ALLAPUZHA, THATHAMPALLY, ALLEPPY, PIN - 688013 BY ADVS. Azad Babu R GEORGE VARGHESE(PERUMPALLIKUTTIYIL) S.KRISHNA MOORTHY(ERNAKULAM) MANU SRINATH(D/1420/2014) NIMESH THOMAS(K/1324/2018) OTHER PRESENT: GP.SRI.AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34668 OF 2023 3 2025:KER:26022 C.S.DIAS, J. --------------------------------------- WP(C) No. 34668 OF 2023 ----------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the life of the petitioner and her workers to carry out the construction and to do the business in her property, without any interference from the respondents 4 to 9 and their men. 2. When the writ petition came up for consideration on 19.10.2023, this Court directed the respondents 2 and 3 to afford adequate police protection to the life and property of the petitioner from the threats of the party respondents. The said interim order has been extended from time to time. 3. Heard; the learned counsel for the petitioner, the learned Government Pleader, the learned counsel for the party respondents and the learned Standing Counsel appearing for the 12th respondent Board. 4. The learned counsel for the 12th respondent Board submitted that the Kerala Headload Workers (Regulation of WP(C) NO. 34668 OF 2023 4 2025:KER:26022 Employment Welfare) Scheme has not been implemented in the area where the petitioner's establishment is situated. 5. In the light of the above submission, I am of the view that the party respondents do not have any legal right to seek for the loading and unloading works in the petitioner's establishment. In the said circumstances, I dispose of the writ petition, by directing the 2nd respondent to afford adequate police protection to the petitioner and her workers to carry on the business, including the loading and unloading works in the petitioner's establishment, without any interference from the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 34668 OF 2023 5 2025:KER:26022 APPENDIX OF WP(C) 34668/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PERMIT GIVEN BY THE CHAMBAKULAM GRAMA PANCHAYATH DATED 21.10.22 Exhibit P2 . A TRUE COPY OF THE COMPLAINT LODGED TO THE SECOND RESPONDENT DATED 3.10.23 Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 3.10.23