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Sareeb (Shareef)

High Court Of Kerala|30 May, 2014
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JUDGMENT / ORDER

RAMACHANDRA MENON, J. Prayer in the writ petition is to issue a writ of mandamus or any other writs, order or directions, directing the respondents 1 to 3 police authorities to grant adequate and effective police protection to the petitioner’s life, the lives of the crew of the petitioner and properties which include the conducting of stage carriage service with the vehicle with KL 13/R 237 on the permitted route Pothundy – Kozhinjampara, from respondents 4 and 5 and their henchmen, supporters, followers or others.
2. Learned counsel for the petitioner submits that the petitioner is a regular stage carriage permit holder operating on the route Puthundy – Kozhinjampara with Stage Carriage Vehicle KL 13/R 237 and the regular permit is valid upto 16.2.2017. According to the learned counsel, petitioner has his own permanent employees and they are the members of the scheme under Kerala Motor W.P.(C)No.13606 OF 2014 : 2 :
Transport Workers' Welfare Fund Act and that contribution is being paid for them. Respondent 5 is not a permanent employee of the petitioner and, therefore, he cannot claim work in the service of the petitioner. Without any regard to the rule of law, the vehicle was seized by the respondents 4 and 5 and the petitioner is virtually prevented from operating the vehicle. Respondents 4 and 5 have no right to obstruct the operation of service and to threaten the petitioner with dire consequences. Due to the inaction on the part of the police authorities, petitioner has preferred this writ petition.
3. Heard learned counsel for the petitioner and the learned Government Pleader.
4. Considering the entire facts and circumstances of the case, this Court finds that this is not a fit case to call for interference. If there is any dispute with regard to the employment of the fifth respondent or anybody else, it is open to the petitioner to approach the appropriate forum to pursue the said dispute. The only relief that can be granted in this writ petition is to direct the police to do the needful, if there is any threat to the law and order situation. It is ordered accordingly. There shall be a further direction to the second respondent to consider Ext.P6 W.P.(C)No.13606 OF 2014 : 3 :
petition filed by the petitioner and take appropriate steps in accordance with law forthwith.
Writ petition is disposed of.
MANJULA CHELLUR, Chief Justice jes P.R.RAMACHANDRA MENON, Judge
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Title

Sareeb (Shareef)

Court

High Court Of Kerala

JudgmentDate
30 May, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • Sri
  • G Prabhakaran Sri
  • P Santhosh
  • Kumar