IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 34626 of 2009(W) -------------------------- PETITIONER: --------------- SUMMAYA, W/O. SHAJI, YASIYANA MANZIL, KLLUVETTAMKUZHI, AZHAKULAM, VIZHINGAM.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE CIRCL OFFICE, VIZHINJAM. 2. THE SUB INSEPCTOR OF POLICE KOVALAM POLICE STATION. 3. SASI, UNIT CONVENAR, CITU, AZHAKULAM, VIZHINJAM.P.O., THIRUVANANTHAPURAM. 4. BINU, UNIT CONVENAR, INTUC, AZHAKULAM VIZHINJAM.P.O., THIRUVANANTHAPURAM. 5. APPUKUTTAN, UNIT CONVENAR, AITUC, AZHAKULAM, VIZHINJAM.P.O.,THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. ARAVINDA KUMAR BABU T.K. ADV. SRI.SUMAN CHAKRAVARTHY FOR R3 TO R5 SMT.K.R.RIJA SRI.A.J.JOSE (MEDIATOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 COPY OF TAX RECEIPT EXT.P2 COPY OF THE REPRESENTATION SUBMITTED TO RESPONDENTS 1 AND 2 DT.20.11.09. EXT.P3 TRUE COPY OF THE LICENSE ISSUED FROM THE VENGANOOR GRAMA PANCHAYAT. EXT.P4 TRUE COPY OF APPLICATION FOR LICENSE. EXT.P5 TRUE COPY OF LETTER OF THE ASST. LABOUR OFFICER. RESPONDENTS' EXTS: EXT.R5(a) TRUE COPY OF LETTER DT.14.12.09 ISSUED BY THE VENGANOOR GRAMA PANCHAYAT. EXT.R5(b) TRUE COPY OF NOTICE WITH ENDORSEMENT OF THE DLO. EXT.R5(c) TRUE COPY OF THE 26a CARD OF THE 5TH RESPONDENT. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 34626 of 2009 W - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 JUDGMENT Joseph, J. The prayer in the writ petition is to issue a direction to the respondents to provide adequate and effective police protection to the petitioner and her family members for doing loading and unloading of fire wood in the shop bearing No. IX/UA-16 of Venganoor Grama Panchayat (Sy.No. 329/30-31 of Vizhinjam Village) from respondents 3 to 5 and their associates. 2. Briefly the case of the petitioner is that she is conducting a fire wood shop attached to her residence. Her husband, father-in-law and her husband's uncle are assisting her in loading and unloading the fire wood once or twice in a month. It is complained that respondents 3 to W.P.(C).No. 34626 of 2009 2 5 are obstructing the loading and unloading work claiming lien over the work. 3. A counter affidavit has been filed by the party respondents, to which reply affidavit has been filed. 4. We heard the learned counsel for the petitioner, the learned counsel for the respondents as also the learned Government Pleader. 5. According to the learned counsel for the party respondents, the respondents union have been doing the work of loading and unloading and the matter is pending before the District Labour Officer. There is already an interim order passed on 18.1.2010, as per which, direction was given to the police that in case unloading of timber is done by Shajahan, (husband of the petitioner) Rasheed, (husband's uncle) and Noohkannu (father-in- law of the petitioner), there shall not be any obstruction caused to the said work and protection shall be afforded in case there is W.P.(C).No. 34626 of 2009 3 any obstruction. According to the petitioner, Nohkannu is the father of the petitioner. 6. Having heard the facts, the Writ Petition is disposed of as follows. The interim order will continue only on the basis that unloading work is done by the persons mentioned in the order. There shall also be a direction that the proceedings pending before the District Labour Officer will be brought to its logical conclusion and a decision shall be taken at an early date. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm