IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 18041 of 2009(A) -------------------------- PETITIONER(S): --------------- P.SASIDHARAN ASARI,S/O.PAPPUKUTTY ASARI, AGED 55 YEARS,RESIDING AT K.P.VILASOM, VAZHATHOPPUPACHA, KALLARA,THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KADAKKAL, KOLLAM. 3. THE SUB INSPECTOR OF POLICE KADAKKAL, KOLLAM. 4. SURESH, CONVENOR INTUC, MOONNUMUKKU UNIT NEDUMANGADU, THIRUVANANTHAPURAM. 5. MANIRAJAN,CONVENOR, CITU, MOONNUMUKKU (KOTTARAKKARA) UNIT, KOTTARAKKARA, KOLLAM. 6. RAJESH, CONVENOR, CITU MOONNUMUKKU (NEDUMANGADU) UNIT,NEDUMANGADU, THIRUVANANTHAPURAM ADDL.7. KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. W.P.(C) No.18041 of 2009 : 2 : ADDL.8. CHITHRA GRAMA PANCHAYAT, REP. BY ITS SECRETARY CHITHRA GRAMA PANCHAYAT, CHITHARA, KOLLAM. (ADDL. RESPONDENTS 7 AND 8 ARE IMPLEADED AS PER ORDER IN I.A.NO.9140/09 DATED 27.7.2009) BY ADV. SRI.THOMAS ABRAHAM FOR R4-6 SRI.DIPU.R FOR R4-6 SMT.MERCIAMMA MATHEW FOR R4-6 SRI.K.S.HARIDAS FOR R4-6 SRI.V.RENJITH KUMAR FOR R4-6 BY ADV.SRI.ALEXANDER GEORGE FOR R8 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.18041 OF 2009 EXT.P1 TRUE COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE TAHSILDAR, KOTTARAKKARA, DATED 25.6.2009 EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 15.6.2009 EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 15.6.2009. EXT.P4 TRUE COPY OF THE CONSENT ISSUED TO THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 7.7.2009 EXT.P5 TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER FROM CHITHARA GRAMA PANCHAYAT DATED 17.7.2009 EXT.P6 TRUE COPY OF THE QUARRYING PERMIT IN FAVOUR OF THE PETITIONER DATED 6.8.2009. RESPONDENT'S EXTS: EXT.R4(A) TRUE COPY OF THE PETITION SUBMITTED BY THE RESPONDENT UNIONS BEFORE THE DISTRICT LABOUR OFFICER KOLLAM ON 26.7.2009. \ //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 18041 OF 2009 ------------------------------- Dated this the 11th August, 2009 J U D G M E N T Raman, J. Petitioner is running a granite quarry after obtaining valid licence from the authorities. Alleging obstruction to the work by party respondents 4 to 6 and seeking police protection, this writ petition is filed. 2. Heard both sides. We find that there is a labour dispute pending before the District Labour Officer. The disposal of this writ petition will not stand in the way of the said dispute being resolved in accordance with law. However, there cannot be any physical obstruction caused to the work being carried on by the petitioner. The petitioner undertakes that for the work in the quarry, members of party respondents 4 to 6 will be engaged by him. This is recorded. If there is any dispute as to whether the petitioner could use machinery for a portion of his work, that will W.P.(C) No.18041 of 2009 2 be decided by the District Labour Officer, after hearing all concerned. 3. In such circumstances, until such time the matter is settled, the status quo as on today should continue and the petitioner will engage members of respondents 4 to 6 for the work in the quarry. Further, there will be a direction to the police to see that no obstruction is caused to the work connected with the establishment of the petitioner and if there is any obstruction, the same shall be removed. This will not stand in the way of the petitioner using any machinery for any portion of the work unless it is decided otherwise by the District Labour Officer. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.