IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 15418 of 2011(B) -------------------------- PETITIONER: --------------- ALIYAS MATHEW, S/O.MATHEW, AGED 38 YEARS, PROPRIETOR YOUNG BUD RUBBER NURSERY, KALLYANAKAPE, KUMARAMPUTHUR PANCHAYATH, MANNARKKAD VIA, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD - 678582. 2. HEAD LOAD WORKERS CENTERE FOR INDIAN TRADE UNION (C.I.T.U.) KALLYANAKAPE UNIT, MANNARKKAD VIA, PALAKKAD DISTRICT REP.BY ITS SECRETARY. PIN - 678 582 3. ALL INDIAN TRADE UNION OF CONGRESS (A.I.T.U.C.), KALLYANAKAPE UNIT, MANNARKKAD VIA, PALAKKAD DISTRICT REP.BY ITS SECRETARY - 678582. 4. INDIAN NATIONAL TRADE UNION OF CONGRESS (I.N.T.U.C.), KALLYANAKPE UNIT, MANNRKKAD VIA., PALAKKAD DISTRICT, REP.BY ITS PRESIDENT. PIN - 678 582. 5. THE DISTRICT LABOUR OFFICER, PALAKKAD - 678 001. 6. THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, REP.BY ITS DISTRICT OFFICER, PALAKKAD - 678 001. BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R1 & R5 BY GOVT. PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15418 / 2011(B) APPENDIX EXT.P1: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 04/06/2011 BEFORE THE 1ST RESPONDENT. // TRUE COPY// P.A. TO JUDGE smvd R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.15418 OF 2011 ............................................. Dated this the 13th day of June, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondent No.1 to afford police protection for the petitioner to get the loading and unloading work in his establishment done by workmen of his own against any illegal, culpable and violent obstruction on the part of respondents 2 to 4. 2. Service is complete. There is no appearance for respondents 2 to 4. The learned standing counsel has appeared for respondent No.6 i.e., the Kerala Head Load Workers Welfare Fund Board. 3. According to the petitioner, his establishment is located at a place where there is no valid scheme notified under the Kerala Head Load Workers Act. Respondents 2 to 4 are causing illegal obstruction against the loading and unloading work being done by the employees of the petitioner. Respondents 2 to 4, though served, have not W.P.(C).NO.15418 OF 2011 : 2 : chosen to enter appearance. The learned Government Pleader on behalf of Respondent No.1 submits that adequate police protection shall be afforded to the petitioner to get the work of loading and unloading done in his establishment, if so directed by the court. The learned standing counsel for the 6th respondent concedes that there is no scheme implemented in the area in question. In these circumstances the Board also takes the stand that respondents 2 to 4 are not entitled to raise any such obstructions. 4. We are satisfied that in the circumstances referred to above and in the total absence of any objection raised by respondents 2 to 4 , protection can be directed as requested by the petitioner. 5. In the result: a. This petition is allowed. b. Respondent No.1 is directed to afford sufficient police protection to the petitioner to get the work of loading and unloading in his establishment done by the W.P.(C).NO.15418 OF 2011 : 3 : employees of the petitioner himself, in case illegal obstruction raised by respondents 2 to 4. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge. cl