MUHAMMED RASHID Vs. COMMISSIONER OF POLICE KOLLAM

JUDGEMENT

(1.) The petitioners have preferred this writ petition under Art.226 of the Constitution of India seeking for a direction to respondents 1 and 2 to afford adequate and effective police protection to the petitioners' business establishment under the name and style 'M/s.A.K.Trading Company' at Meenad, Chathannur without any interference or interruption from respondents 3 to 5 or their political supporters under the guise of scheme covered pool area under the Kerala Headload Workers(Regulation of Employment and Welfare)Scheme, 1983 (hereinafter referred to as 'the Scheme').

(2.) M/s.A.K.Trading Company, Meenad in Kollam District is a partnership firm. The petitioners 1 to 6 are partners of the firm and they seek effective police protection to do all loading and unloading works by themselves in their capacity as owners in the premises of their firm without any outside labour assistance. According to the petitioners, respondents 3 to 5 are obstructers, illegally interfering with loading and unloading works claiming right under the Scheme cited supra. The petitioners filed Ext.P2 complaint before the second respondent seeking police protection. However, no action has been taken by the second respondent despite specific request in this regard. Hence, the petitioners are before this Court.

(3.) Sixth respondent filed separate statement contending that the partnership deed is not seen registered and the establishment of the petitioners is yet to be operated. It is further stated that the place wherein the petitioners' establishment is situated is a Scheme Implemented Area and four pools are established. The sum and substance of the contention is that since the area of operation of the establishment is a Scheme Covered area, the petitioners are liable to engage pool workers in the absence of permanent workers having 26A card.