WP(C) NO. 35019 OF 2024 1 2025:KER:26404 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. 35019 OF 2024 PETITIONER/S: ANWAR K AGED 43 YEARS KAPPURAN HOUSE, 6/236 B, PROPRIETOR, FOUR HOMES TILES AND SANITARIES, NILAMBUR, MALAPPURAM, PIN - 679329 BY ADVS. ESM.KABEER C.SHEEBA AISHA BEEVI AZEEZ RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN - 682031 2 STATION HOUSE OFFICER NILAMBUR POLICE STATION, NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329 3 VELAYUDHAN AGED 53 YEARS S/O CHATHAN, CHUNDAKADAN HOUSE, NILAMBUR P.O, MALAPPURAM DISTRICT, PIN - 679329 4 ASSISTANT LABOUR OFFICER GRADE-II LABOUR OFFICE NILAMBUR, MALAPPURAM DISTRICT, PIN - 679329 5 ADDL R5) KERALA STATE HEAD LOAD WORKERS WELFARE BOARD KERALA STATE HEAD LOAD WORKERS WELFARE BOARD, LOCAL WP(C) NO. 35019 OF 2024 2 2025:KER:26404 COMMITTEE, NILAMBUR ROAD, MALAPPURAM *( IS IMPLEADED AS PER THE ORDER DATED 18.10.2024 IN IA NO.1/2024 IN WP© 35019/2024) 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. 35019 OF 2024 3 2025:KER:26404 C.S.DIAS, J. --------------------------------------- WP(C) No.35019 OF 2024 ----------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent to afford adequate police protection to the petitioner to carry on his business, including the loading and unloading of goods from his godown with his permanent workers, without any obstruction being caused by the 3rd respondent and his men. 2. When the writ petition came up for consideration on 22.10.2024, this Court passed an interim order, directing the 2nd respondent to afford adequate police protection to the petitioner to do the loading and unloading work from his godown without any obstruction from the 3rd respondent because the petitioner's establishment is situated in an area where the Scheme under the Kerala Headload Workers Act is not applicable. The interim order has been extended from time to time. 3. Heard; the learned counsel for the petitioner and WP(C) NO. 35019 OF 2024 4 2025:KER:26404 the learned Government Pleader. Even though service of notice is complete on the 3rd respondent, there no appearance for him. 4. On a consideration of the facts and the materials on record, particularly that the Scheme is not applicable in the area where the petitioner's establishment is functioning, I am of the view that the interim order is to be made absolute. In the said circumstances, the writ petition is disposed of, by making the interim order dated 22.10.2024 absolute. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 35019 OF 2024 5 2025:KER:26404 APPENDIX OF WP(C) 35019/2024 PETITIONER EXHIBITS Exhibit P1 REGISTRATION PARTICULARS OF THE PETITIONER'S ESTABLISHMENT. Exhibit P1(a) NAMES OF THE LABOURERS Exhibit P1(b) REMITTANCE OF FEES Exhibit P2 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.07.2024 Exhibit P3 TRUE COPY OF THE RECEIPT DATED 21.07.2024 ISSUED FROM THE 2ND RESPONDENT.