IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 WP(C).No. 4638 of 2008(B) ------------------------- PETITIONER: ------------ VIJAYAN,S/O. DIVAKARAN BAIJU MANDIRAM, VAYYANAM MURI ITTIVA VILLAGE, KOTTARAKKARA. BY ADV. SRI.M.V.THAMBAN SRI.K.V.ANIL KUMAR RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, KADAKKAL, KOLLAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT. 3. THE ASST.LABOUR OFFICER OFFICE OF THE ASST, LABOUR OFFICE NILAMEL,KOLLAM DISTRICT. 4. INTUC ILAMPAZHANNOOR UNIT, REPRESENTED BY ITS CONVENOR RAJI, JOHNY VILASOM VEEDU ILAMPAZHANNOOR MURI, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM. 5. CITU ILAMPAZHANNOOR UNIT, REPRESENTED BY ITS CONVENOR RAJAN, CHARUVIL VEEDU ILAMPAZHANNOOR MURI, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM. 6. INTUC VAYYANAM UNIT, REPRESENTED BY ITS CONVENOR BOBAN, MURUGAN HOUSE VAYYANAM MURI,ITTIVA VILLAGE,KOTTARAKKARA, KOLLAM. 7. CITU VAYYANAM UNIT, REPRESENTED BY ITS CONVENOR PRADEEP, THEMBAMVILA VEEDU VAYYANAM MURI,ITTIVA VILLAGE,KOTTARAKKARA, KOLLAM. WP(C) No. 4638/2008 8. AITUC VAYYANAM UNIT, REPRESENTED BY ITS CONVENOR SUDEVAN, ELLUVILA VEEDU VAYYANAM MURI,ITTIVA VILLAGE,KOTTARAKKARA, KOLLAM. 9. STU VAYYANAM UNIT, REPRESENTED BY ITS CONVENOR HAKKIM, CHVARUVASZHOTTU VEEDU, VAYYANAM MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM. 10. BMS VAYYANAM UNIT, REPRESENTED BY ITS CONVENOR, M.R.SURESH, ATHULYA HOUSE, VAYYANAM MURI, ITTIVA VILLAGE, KOTTARAKKARA, KOLLAM. BY SHRI.BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 4638/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF AGREEMENT DATED 01/04/2006. P2 : COPY OF COMPLAINT FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 05/01/2008. P3 : COPY OF COMPLAINT DATED 11/01/2008 FILED BY PETITIONER BEFORE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & ANTONY DOMINIC, JJ. ------------------------- WP(C) No. 4638 of 2008 --------------------------------- Dated, this the 22nd day of April, 2008 J U D G M E N T Ramachandran Nair The effort to serve notice by registry on respondents 4 & 5 has failed. However, since the prayer is only for police protection to permit the petitioner to cut and remove rubber trees standing in the property of one Smt.Subaidabeevi under purchase agreement with her and since replanting is possible in the coming season only if trees are cut and removed from the property before end of May, we direct 3rd respondent to call the Unions and try for a settlement with the Unions for cutting and removal of rubber trees. Petitioner will produce copy of the judgment before 3rd respondent. 3rd respondent is given two weeks time thereafter to reach a settlement, and failure if any, should be reported by 3rd respondent to 2nd respondent immediately thereafter. In the case of failure to reach a settlement with the Unions, there will be direction to 2nd respondent to provide police protection to petitioner to cut and remove the trees with petitioner's own workers. (C.N.RAMACHANDRAN NAIR, JUDGE) (ANTONY DOMINIC, JUDGE) jg