IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23486 of 2011(I) ------------------------------- PETITIONER(S): ----------------- MOHAMMED NOUFAL, MANAGING PARTNER, M/S. TASTY NUT INDUSTRIES, KOTTAPPURAM, KOTTARAKKARA. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA-691 506. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOTTARAKKARA-691 506. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA-691 506. 4. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA-691 506. 5. RAJU, SANTHOSH BHAVAN, CHETHADI, CHENGAMANAD P.O., MELILA VILLAGE, KOTTARAKKARA-691 557. *ADDL. R6- THE HEAD LOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY DISTRICT EXECUTION OFFICER, KOLLAM. * (ADDL.R6 IS SUO MOTU IS IMPLEADED AS PER ORDER DTD 29.08.2011 IN WP(C) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23486 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE PETITION DATED 25/08/11 SUBMITTED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23486 of 2011 ------------------------------------------------ Dated this the 7th day of September, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who is the Managing Director of a Cashew Processing Unit at Kottappuram in Kottarakkara has approached this Court seeking police protection for himself and workers engaged by him for ingress and egress and for loading and unloading raw-cashew nuts in the godown and drying yard situated in Sy. No.60/3A, 49/10 and 69/6A in Kottarakkara village and also to the vehicles/containers bringing and transporting the raw cashew nuts to the godown and from the godown against the illegal and unauthorised forcible action of the 5th respondent and persons acting under him. The allegations are that the 5th respondent who is a headload worker is insisting that he and his henchmen should be employed by the petitioner. According to the petitioner, he has got his own workers and W. P. C. No.23486 of 2011 -2- the 5th respondent has no right to insist that he or anybody under him should be engaged. 2. On considering this Writ Petition for admission, we suo motu impleaded the Headload Workers Welfare Fund Board represented by the District Executive Officer, Kollam as the additional 6th respondent. Today Sri.Koshy George, Standing Counsel for the Headload Workers Welfare Fund Board submitted on the basis of the instructions that the area in question is not an area where the functional operation of the scheme is not implemented. Even though notice was served by special messenger on the 5th respondent, he has not turned up to resist the prayers in the Writ Petition. The averments in the Writ Petition stands proved by non-traverse. We do not find any reason why the relief sought for should not be granted. Accordingly, we allow this Writ Petition and direct the 4th respondent to afford adequate and meaningful police protection to the petitioner and workers engaged by him for ingress and egress and for loading and unloading the raw cashew nuts in W. P. C. No.23486 of 2011 -3- the godown and drying yard situated in the property in Sy. Nos.60/3A, 49/10 and 69/6A in Kottarakkara village and to the vehicles/containers bringing and transporting the raw cashew nuts to the godown and from the godown against the illegal and unauthorised forcible action of respondent No.5 and persons acting under him, in case any obstruction is reported by the petitioner to him. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-