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2025 DAILYLAW 8586 (KER)

SANCORA PAINTS PVT LTD v. THE ASSISTANT LABOUR OFFICER

WP(C)/32582/2024 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 32582 OF 2024 1 2025:KER:26038 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. 32582 OF 2024 PETITIONER/S: SANCORA PAINTS PVT LTD AGED 49 YEARS DOOR NO. 8,9,10 INDUSTRIAL ESTATE GOVINDAPURAM POST PARUTHIKKAD PALAKKAD 678507 REPRESENTED BY ITS MANAGING DIRECTOR M R GOPAKUMAR S/O M T RAGHAVAN MUTHIRAPARAMBATH HOUSE, ATTAYAMPATHI GOVINDAPURAM POST MUTHALAMADA, PALAKKAD 678 507 THROUGH HIS POWER OF ATTORNERY HOLDER SREEDEVAN K.A , S/O ANDY RESIDING AT KUMBAKKOTTIL HOUSE POOMARACHACHODE POOVANCHIRA POST PANANCHERY THRISSUR, PIN - 680652 BY ADVS. SACHIN RAMESH R.RAJPRADEEP RESPONDENT/S: 1 THE ASSISTANT LABOUR OFFICER NEMMARA AYLUR ROAD, NENMARA, KERALA, PIN - 678508 2 THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, PALAKKAD DISTRICT, PIN - 678001 3 STATION HOUSE OFFICER KOLLENGODE POLICE STATION, PUDUNAGARAM KOLLENGODE ROAD, PAYYALLUR, KOLLENGODE, KERALA, PIN - 678506 4 THE DEPUTY SUPERINTENDENT OF POLICE CHITTUR SUB DIVISION CHITTUR , THATHAMANGALAM PALAKKAD, PIN - 678101 5 THE SUPERINTENDENT OF POLICE, PALAKKAD WP(C) NO. 32582 OF 2024 2 2025:KER:26038 YAKKARA ROAD NEAR KSRTC BUS STAND PALAKKAD , KERALA, PIN - 678014 6 KAJAH, S AGED ABOUT 50 S/O SHOUKATHALI ATTAYAMPATHY HOUSE GOVINDAPURAM P.O PALAKKAD, PIN - 678507 7 ADDL R7 : KERALA HEADLOAD WORKERS WELFARE BOARD KAUSTHUBHAM COMPLEX, CHENTHITTA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY [ADDL.R7 IS IMPLEADED AS PER ORDER DATED 13/09/2024 IN IA NO. 1/2024 IN WPC 32582/ 2024] BY ADV THOMAS ABRAHAM OTHER PRESENT: GP.SMT.VIDHYA KURIAKOSE 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. 32582 OF 2024 3 2025:KER:26038 C.S.DIAS, J. --------------------------------------- WP(C) No. 32582 OF 2024 ----------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 3 to 5 to afford adequate police protection to the petitioner to run their establishment, without any interference from the 6th respondent. 2. When the writ petition came up for consideration on 13.09.2024, this Court directed the 3rd respondent to ensure the functioning of the petitioner's establishment without any obstruction from the 6th respondent. The above interim order has been extended from time to time. 3. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the additional 7th respondent. 4. The learned counsel for the additional 7th respondent submitted that the petitioner's establishment is not situated in the Scheme covered area covered under the Kerala Headload Workers Scheme. WP(C) NO. 32582 OF 2024 4 2025:KER:26038 5. In the light of the above submission, I am of the view that the interim order dated 13.09.2024 is to be made absolute. In the result, the writ petition is disposed of, by directing the 3rd respondent to afford adequate police protection to the petitioner to run their establishment without any interference from the 6th respondent or his men. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 32582 OF 2024 5 2025:KER:26038 APPENDIX OF WP(C) 32582/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF UDAYAM REGISTRATION CERTIFICATE DATED 04/01/2024 ISSUED TO THE PETITIONER FROM MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES Exhibit P2 TRUE COPY OF THE RENEWED INTEGRATED CONSENT TO OPERATE DATED 19/06/2020 ISSUED TO THE PETITIONER BY THE STATE POLLUTION CONTROL BOARD Exhibit P3 TRUE COPY OF THE LICENSE DATED 16/05/2024 ISSUED TO THE PETITIONER FROM MUTHALAMADA GRAMAPANCHAYATH Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 14/08/2024 PREFERRED TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 14/08/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE ONLINE APPLICATION NO. 475035, DATED 07/09/2024 (FORM IX) PREFERRED BY THE PETITIONERS’ EMPLOYEES Exhibit P6(a) TRUE COPY OF THE ONLINE APPLICATION NO. 475034, DATED 07/09/2024 (FORM IX) PREFERRED BY THE PETITIONERS’ EMPLOYEES Exhibit P6(b) TRUE COPY OF THE ONLINE APPLICATION NO. 475028, DATED 07/09/2024 (FORM IX) PREFERRED BY THE PETITIONERS’ EMPLOYEES Exhibit P6(c) TRUE COPY OF THE ONLINE APPLICATION NO. 475033, DATED 07/09/2024 (FORM IX) PREFERRED BY THE PETITIONERS’ EMPLOYEES Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 06/09/2024 MADE BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P7(a) TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DATED 06/09/2024