IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 28223 of 2009(W) -------------------------- PETITIONER(S): --------------- K.I.JOSEPH, KALLOOR HOUSE, VENGANALLOOR PO, CHELAKKARA, TRICHUR DIST. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, TRICHUR. 2. S.I.OF POLICE, CHELAKKARA, 3. SECRETARY, INTUC UNION, VENGANALLOOR PO, CHELAKKARA. ADV. SRI.K.A.ABRAHAM FOR R3 SRI.BIJU MARTIN FOR R3 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.28223/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE SALE DEED NO.1110/1968 DT 12-12-1968 EXT.P2. COPY OF THE PERMIT NO.55/CRP/09-10/G3-3016/C2-DO/19 DTD. 12-8-09 ISSUED BY GEOLOGIST THRISSUR DISTRICT. EXT.P3. COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT. DT. 2-10-09 EXT.P3(a) COPY OF THE RECEIPT NO.PTN/244-5109 DT. 2-10-09. RESPONDENTS' EXHIBITS: EXT.R3(a) PHOTO COPY OF THE IDENTITY CARD ISSUED TO ONE OF THE WORKERS. EXT.R3(b) PHOTO COPY OF THE PETITION TO DLO DT. 3-10-2009 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.28223 of 2009 ----------------------------------------- Dated this the 23rd day of October, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- a) Issue a writ of mandamus or such other appropriate writ, order or direction directing the 2nd respondent to afford adequate and effective police protection to the petitioner for quarrying granite by using his own employees. Learned counsel appearing for the 3rd respondent submits that they are having workers who are registered under the provisions of the Kerala Headload Workers Act. It is also submitted that the workers have taken up the matter of denial of work before the District Labour Officer, Thrissur as per Ext.R3(b). There will be a direction to the District Labour Officer, Thrissur/competent authority to look into Ext.R3(b) and take appropriate action in accordance with law with notice to the parties. 2. We are informed that the petitioner has been carrying out the work for the last more than 20 years. In W.P(C)No.28223 of 2009 -:2:- such circumstances the present arrangement of the petitioner engaging his own workers will continue till a decision is taken by the District Labour Officer/competent authority. The decision as above shall be taken within a period of one month from the date of production of a copy of the judgment. We direct the petitioner and the 3rd respondent to co-operate with the authority to take a decision in the matter as above. We make it clear that in the unlikely event of any obstruction on the part of the 3rd respondent for the arrangements as above, the Police will render necessary protection. The writ petition is disposed of as above. The 3rd respondent will produce a copy of this judgment along with a copy of the writ petition and the counter affidavit to the District Labour Officer, Thrissur, immediately. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.28223 of 2009 ---------------------------- JUDGMENT 23rd October, 2009