MILAS ENTERPRISES Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a firm registered under the Indian Partnership Act , 1932 and is engaged in the wholesale distribution of biscuits and confectionery items to various parts of the country from 2015; along with its sister concern 'Pearl Marketing Services'.

(2.) The petitioner has preferred this writ petition under Art.226 of the Constitution of India seeking a direction to respondents 2 to 4 to afford effective and adequate police protection from any obstruction to its distribution activities or damages to its property. And, added to this, the petitioner seeks writ of mandamus directing respondents 2 to 4 to ensure that no protest takes place within a radius of 500 meters from the entrances of godown.

(3.) On 1.8.2018, the petitioner shifted its distribution activities from Vyttila, Cochin to Kanjoor, Aluva. According to the petitioner, the workers engaged by the petitioner at Vyttila are engaged at its godown at Kanjoor. On 29.1.2019, it is alleged that the fifth respondent by way of a letter demanded work for its members from 4.2.2019. According to the petitioner, Though the petitioner orally informed them that the firm at present does not have any work to allocate to any additional headload worker, the members of the fifth respondent were adamant on their demand and verbally threatened the firm's officers as well as other headload workers. Apprehending forceful obstruction on the part of the fifth respondent, the petitioner filed complaint before the fourth respondent informing him about the threat and illegal demand made by the fifth respondent. The petitioner apprehends that despite Ext.P3 complaint, the fourth respondent will not afford adequate police protection unless directed by this Court. Hence the petitioner is before us.