IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 21028 of 2008(C) -------------------------- PETITIONER: ------------ N.N.MOOSAN, AGED 48, S/O.ABOOBACKER, SHAFI FRUIT STALL, R.S.ROAD, TANUR, MALAPPURAM DIST. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------- 1. KERALA HEADLOAD AND GENERAL WORKERS UNION, (CITU) TANUR, REPRESENTED BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 2. KERALA HEADLOAD AND GENERAL WORKERS UNION, (INTUC) TANUR, REPRESENTED BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 3. KERALA HEAD LOAD AND GENERAL WORKERS UNION (S.T.U) TANUR, REPRESENTED BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 4. KERALA HEAD LOAD AND GENERAL WORKERS UNION, (BMS) TANUR, REPRESENTED BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. ADDL.RESPONDENT: 6. KERALA HEADLOAD WORKERS WELFARE BOARD, TIRUR COMMITTEE, REP. BY ITS CHAIRMAN C.RAVEENDRAN. (IMPLEADED AS PER ORDER DT. 28.07.08 IN IA 9280/08) BY ADV. SRI.KOSHY GEORGE FOR ADDL.R6 SRI.K.RAMAKUMAR (SR.), SRI.T.RAMPRASAD UNNI & SMT.SMITHA GEORGE FOR R1 TO 3 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 21028/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE LICENCE. EXT.P2 - TRUE COPY OF THE COMPLAINT FILED BEFORE THE 5TH RESPONDENT. EXT.P3 - TRUE COPY OF THE RECEIPT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 21028 OF 2008-C ----------------------------------------- Dated 4th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is running a Fruit Stall near the Tanur Railway Station. He submits, he is doing the loading/unloading work in his shop with the help of his two sons M/s.Aboobacker and Mohammed Shafi. He has no intention to engage any workmen. But, recently, the respondents 1 to 4 have taken a decision to the effect that the loading/unloading work in that area will be done by their members only. No one will be permitted to do any loading/unloading work in that area and they started causing obstruction to the work done by the petitioner and his sons. Therefore, the petitioner preferred Ext.P2 representation before the police, seeking police protection. Since the police did not come to his help, this writ petition is filed, seeking appropriate reliefs. WPC 21028/2008 2 2. The respondents 1 to 3 have filed a counter affidavit, denying the allegations of the petitioner. According to them, the petitioner is engaged in wholesale business of fruits and therefore, it is impossible for him and his sons two do the loading/unloading work there. At present there is no law and order problem, warranting any order for police protection. This writ petition is filed on experimental basis. So, it may be dismissed, it is submitted. 3. The Kerala Headload Workers Welfare Board, Tirur Committee has got itself impleaded in this writ petition as additional 6th respondent. The said respondent has submitted that it is a scheme covered area and therefore, the petitioner is bound to engage the workmen belonging to the local pool for his loading/unloading requirements. 4. We heard the learned Government Pleader for the 5th respondent also. If the loading/unloading work in the aforementioned shop is done by the petitioner and his two sons mentioned above and if anybody is causing obstruction to the same, the petitioner may inform the 5th respondent. In that event the 5th respondent shall remove the WPC 21028/2008 3 obstruction. But, if he requires additional workmen for doing the loading/unloading work, the workmen belonging to the local pool of headload workers under the 6th respondent shall be engaged. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/