WP(C) NO. 40079 OF 2024 1 2025:KER:27226 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. 40079 OF 2024 PETITIONER/S: M/S. UNILAND PLY AND BOARDS AGED 45 YEARS NATHUKANNI, PALLARIMANGALAM, KOOVALLOOR P.O, REPRESENTED BY ITS MANAGING PARTNER NAUSHAD C.K, SON OF KUNJUMUHAMMED, PIN - 686671 BY ADV PEEYUS A.KOTTAM RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001 2 STATION HOUSE OFFICER POTHANIKAD POLICE STATION, 2M3M+QG7, POTHANICAD - PAINGATTOOR ROAD, POTHANICAD, KERALA, PIN - 686671 3 KERALA HEADLOAD WORKERS UNION (CITU) PALLARIMANGALAM, ADIVAD P.O, REPRESENTED BY ITS SECRETARY P.C.ANILKUMAR, PIN - 686671 4 KERALA HEADLOAD WORKERS UNION (STU), PALLARIMANGALAM, ADIVAD P.O, REPRESENTED BY ITS SECRETARY ALIYAR M.M., PIN - 686671 5 KERALA HEADLOAD WORKERS UNION (INTUC) PALLARIMANGALAM, ADIVAD P.O, REPRESENTED BY ITS SECRETARY HANEEF K.M., PIN - 686671 6 KERALA HEADLOAD WORKERS WELFARE BOARD (KHWWB), ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING, FLOWER JUNCTION, T.D.ROAD, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN., PIN - 682035 WP(C) NO. 40079 OF 2024 2 2025:KER:27226 BY ADVS. H. NUJUMUDEEN K.S.ARUN KUMAR ANTONY SHYJU(K/1180/2009) SIMI M JACOB(K/557/2012) SHERIN ACHU NINAN(K/1491/2021) ARYA S.(K/4051/2024) 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. 40079 OF 2024 3 2025:KER:27226 C.S.DIAS, J. --------------------------------------- WP(C) No. 40079 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 function the factory, including to carry on the loading and unloading work, without any obstruction from the respondents 3 to 5 and their men. 2. When the writ petition came up for consideration on 14.11.2024, this Court considering the fact that the Kerala Headload Workers (Regulation of Employment Welfare) Scheme, has not been implemented in the area where the petitioner's factory is situated, directed the 2nd respondent to afford adequate police protection to the petitioner establishment, from any obstruction being caused by the respondents 3 to 5 and their men. 3. Heard; the learned counsel for the petitioner, the learned Government Pleader, the learned counsel for WP(C) NO. 40079 OF 2024 4 2025:KER:27226 the party respondents and the learned Standing Counsel for the 6th respondent. On a consideration of the facts and the materials on record, particularly that the Scheme has not been implemented in the area where the petitioner's establishment is situated, I am inclined to make the interim order dated 14.11.2024 absolute. Resultantly, the writ petition is allowed, by making the interim order dated 14.11.2024 absolute. Sd/- C.S.DIAS, JUDGE rkc/26.03.25 WP(C) NO. 40079 OF 2024 5 2025:KER:27226 APPENDIX OF WP(C) 40079/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, PALLARIMANGALAM GRAMA PANCHAAYTH NO.JC3-1988/2024 DATED 31.07.2024 TO THE PETITIONER Exhibit P2 TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD BEARING CONSENT NO. KSPCB/ER2/ICO/10066967/VAR/2024 DATED 15.05.2024 TO THE PETITIONER Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 01.04.2023 ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE ISSUED UNDER SUB SECTION (3) OF SECTION 5 OF THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT, 2019 Exhibit P4 THE TRUE COPY OF THE JUDGMENT NUJUMUDEEN M. VS CITY POLICE COMMISSIONER, KOLLAM AND OTHERS (2011 (3) KHC 96) Exhibit P5 THE TRUE COPY OF THE UNDATED NOTICE ISSUED BY THE RESPONDENTS 3 TO 5 TO THE PETITIONER Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 08.11.2024 BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED FROM THE 2ND RESPONDENT’S OFFICE TOWARDS THE RECEIPT OF EXT-P6 REPRESENTATION DATED 08.11.2024