IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 989 of 2010(W) ------------------------------------ PETITIONER(S): ---------------------- 1. M.D.BABY, S/O.M.V.DAVID, MANAGING PARTNER, M/S.B.P.ASSOCIATES, MADAPILLY HOUSE, KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT. 2. PETER M.PURAVTH, S/O.PURAVTH, AGED 40 YEARS, MANAGING PARTNER, M/S.B.P.ASSOCIATES, VALARTHUKADU ESTATE, DESAMANGALAM P.O., WADAKKANCHERY, THRISSUR DISTRICT-679 532. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.PAUL K.VARGHESE RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY, THRISSUR DIST. 3. RAMESAN, S/O.APPU, AGED 36 YEARS, PADINJARAKKARA HOUSE, DESAMANGALAM P.O., THALASSERY DESOM, WADAKKANCHERY TALUK, THRISSUR DISTRICT, PIN 679532.. 4. SIVADAS, S/O.UNNIKRISHNAN NAIR, AGED 36 YEARS, KUZHIPPATH HOUSE, EZHUMANGATTU P.O., ARANGOTTUKARA DESOM, OTTAPPALAM TALUK, PIN 679532. 5. BABU, S/O.KITTA, AGED 40 YEARS, K.M.SADAN HOUSE, DHAZHALMANTHAM P.O., ALINGAL DESOM, PALAKKADU DISTRICT-679533. 6. MOOSA, S/O.KUNJAPPA, AGED 29 YEARS, KOTTIPPARACKAL HOUSE, DESAMANGALAM P.O., DESAMANGALAM DESOM, WADAKKANCHERY TALUK PIN 679532. 7. ANIL KUMAR, S/O.BHASKARAN NAIR, AGED 28 YEARS, KUNNUMPURATH HOUSE, MARAYAMANGALAM P.O., NELLAYA VIA, OTTAPPALAM TALUK PIN 679532. WP(C).No. 989 of 2010(W) -2- 8. VENUGOPAL, S/O.MADHAVAN, AGED 35 YEARS, CHALIYATTIL HOUSE, CHAZHIYATTIRI P.O., KARUKAPPUTHUKU KARA, OTTAPPALAM TALUK PIN 679532. 9. SATHEESH, S/O.SANKARAN, AGED 19 YEARS, KALATHIL HOUSE, CHERUKODU PO., VALLAPPUZHA DESOM, OTTAPPALAM TALUK PIN 679532. R1 & R2 BY GOVERNMENT T.K.VIPINDAS R3 TO R9 BY ADV. SRI.N.NAGARESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 989 of 2010(W) -3- PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE CERTIFICATE ISSUED BY GENERAL MANAGER, SINGLE WINDOW CLEARANCE BOARD, THRISSUR DATED 19.11.2004. EXT.P2.TRUE COPY OF THE QUARRYING PERMIT ISSUED BY MINING AND GEOLOGY DEPARTMENT DATED 31.7.2004. EXT.P3.TRUE COPY OF THE LICENCE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DEPARTMENT ERNAKULAM DATED 3.7.2009. EXT.P4.TRUE COPY OF THE CONSENT TO OPERATE THE UNIT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONERS DATED 4.7.2009. EXT.P5.TRUE COPY OF THE JUDGMENT IN WPC 14578/05 OF THE HONOURABLE HIGH COURT DATED 10.6.2005. EXT.P6. TRUE COPY OF THE JUDGMENT IN WPC 27403/2005 OF THE HONOURABLE HIGH COURT OF KERALA DATED 30.5.2008. EXT.P7.TRUE COPY OF THE WA.1489/08 OF THE HONOURABLE HIGH COURT OF KERALA DATED 16.7.2008. EXT.P8. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE IST PETITIONER BEOFRE THE 2ND RESPONDENT. EXT.P9.TRUE COPY OF THE RECEIPT FOR ACKNOWLEDGEMENT OF THE COMPLAINT DATED 4.1.2010. RESPONDENT'S EXHIBITS: EXT.R3A.TRUE COPY OF THE LETTER DATED 6.10.2009 SENT TO THE IST PETITIONER. EXT.R3B.TRUE COPY OF THE CHARTER OF DEMAND DATED 2.11.2009 SUBMITTED TO THE IST PETITIONER. EXT.R3C.TRUE COPY OF THE LETTER DATED 7.1.2010 SUBMITTED TO THE DISTRICT LABOUR OFFICER, THRISSUR. EXT.R3D.TRUE COPY OF THE NOTICE NO.IR (2) 311/10 DATED 14.1.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.989 of 2010-W ---------------------------------------------- Dated, this the 17th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following relief:-- “to issue a writ of mandamus or other appropriate writ order or direction commanding the respondents No.1 and 2 to afford adequate police protection to the petitioners their employees for conducting quarrying and crushing operation in their property in Sy.No.688/p, 692, 685, 693/2 of Desamangalam village and their customers vehicles without any kind of hindrance from respondents 3 to 9 and their men.” 2. Briefly put, the case of the petitioners is as follows:-- Petitioners are the partners of a metal crusher unit. Ext.P1 is the certificate issued by the General Manager, Single Window Clearance Board, Thrissur. Petitioners have also obtained Ext.P2 permit from the Mining and Geology Department and Ext.P3 licence from the Deputy Chief Controller of Explosives Department. It is stated that when the petitioners started to commence the unit one Nanu and 3 WPC 989/2010 -2- others illegally objected its functioning. The Ist petitioner had approached this Court filing W.P.(C) No.14578/2005 seeking police protection against the said Nanu and others. Ext.P5 is the judgment. It is stated that thereafter Nanu had filed a writ petition challenging the functioning of the quarry. That petition was dismissed by Ext.P6 judgment. Ext.P6 judgment was affirmed in Ext.P7 judgment. According to the petitioners, respondents 3 to 9 have approached the petitioners and instructed the petitioners to pay a sum of Rs.10,000/- as 'goonda fees' for conducting the unit. 3. A counter affidavit has been filed by respondents 3 to 9 wherein it is stated inter alia as follows:-- There are 25 workers. The workers were made to work for 11 to 12 hours a day without overtime wages. No leave were permissible. Bonus was never paid. The employees were not covered by PF or ESI Schemes. The wages paid were less than the minimum wages. It is stated that aggrieved by the exploitation of labourers, eight workers joined a trade union namely Thrissur Jilla Motor and Engineering Mazdoor Sangh and this was intimated to the Ist petitioner vide Ext.R3(a) WPC 989/2010 -3- letter. It is stated that the Union submitted Ext.R3(b) Charter. It is stated that the 5th respondent was required not to come for work any more with effect from 7.1.2010. The quarrying work was stopped in order to install a Sand Plant. The quarrying work is stopped only due to the installation and not due to any strike, Dharna or obstruction. Ext.R3(c) is the letter submitted to the District Labour Officer, Thrissur. It is stated that the District Labour Officer has initiated conciliation proceedings as evident from Ext.R3 (d). 4. A reply affidavit is filed by the petitioners denying the allegations about the treatment of the workers. 5. We heard Sri.V.Chitambaresh, learned senior counsel for the petitioners, learned counsel for respondents 3 to 9 and also the learned Government Pleader. The learned senior counsel reiterates the arguments. Learned counsel for the respondents 3 to 9 would submit that the matter is pending before the District Labour Officer, Thrissur. He would submit that respondents 3 to 9 are not obstructing the petitioners. 6. The writ petition is disposed of as follows: WPC 989/2010 -4- There will be a direction to respondents 1 and 2 to afford adequate police protection to the petitioners and their employees for conducting quarrying and crushing operation in their property in Sy.No.688/p, 692, 685, 693/2 of Desamangalam village and their customer's vehicles without any hindrance from respondents 3 to 9 and their men. This is, however, subject to the condition that the petitioners will participate in the Conciliation Proceedings pending before the District Labour Officer, Thrissur. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS