IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 33578 of 2010(V) ------------------------------------- PETITIONER(S): ------------------------- JAISON PHILIP, MUDAKKALIL HOUSE, PANDATHALA, MUTHOLI PO, PALA. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.PRATHAP PILLAI SRI.BENOJ C AUGUSTIN RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE PALA, KOTTAYAM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, PALA POLICE STATION, PALA, KOTTAYAM DISTRICT. 3. SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA,KOTTAYAM DISTRICT 4. BOSE THOMAS, ARUNAMOOLAYIL HOUSE KAPPILUMAVIN THOTTAM,MEENACHIL PO PALA, 686 589. 5. SASI N.A, NEERUNGALVEEDU, EDAMATTOM PO, BHARINGANAM, PIN 686 588. 6. AJOY K.R, KDANJANKUYILIL VEEDU EDAMATTOM PO, BHARINGANAM, PIN 686 588. 7. SABU @ PAUL, AMABATHIVELIL VEEDU 12TH MILE, PALA PO, PIN 686 575. R4 TO R6 BY ADVS. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL, SRI.T.V.VINU, SRI.BINU PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33578/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE OF REGISTRATION. P2:- COPY OF THE LICENSE ISSUED BY THE PALA MUNICIPALITY. P3:- COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE KOTTAYAM FOREST DEPARTMENT. P4:- COPY OF THE MUSTER ROLL OF THE MONTHS OCTOBER AND NOVEMBER 2010. P5:- COPY OF THE PETITION DTD. 23.10.2010. P6:- COPY OF THE PETITION DTD. 1.11.2010 BEFORE THE 2ND RESPONDENT. P7:- COPY OF THE PETITION DTD. 1.11.2010 BEFORE THE 3RD RESPONDENT. P8:- COPY OF THE DRIVING LICENSE OF THE PETITIONER. P9:- COPY OF THE PAN CARD OF THE PETITIONER. P10:- COPY OF THE PASS ISSUED BY THE FOREST DEPARTMENT DURING OCTOBER 2009, NOVEMBER 2009. P11:- COPY OF THE VOTERS IDENTITY CARD OF SRI.JOSEPH GEORGE. P11(a):- COPY OF THE VOTERS IDENTITY CARD OF SRI.C.O.VARKEY. P11(b):- COPY OF THE VOTERS IDENTITY CARD OF SRI.BIJU. P11(c):- COPY OF THE VOTERS IDENTITY CARD OF SRI.SURESH G. P11(d):- COPY OF THE VOTERS IDENTITY CARD OF SRI. SUBASHKUMAR. P12:- COPY OF THE SALE DEED NO.910/2001 DTD. 10.4.2001. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE RELEVANT PAGES OF THE REGISTER MAINTAINED BY THE KOLTHADI THOZHILALI UNION REGARDING THE LOADING AND UNLOADING WORK DONE BY THEM FOR VARIOUS TIMBER MERCHANTS. TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 33578 of 2010-V ------------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT Basant,J. The petitioner has to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 3 to afford protection to the petitioner against illegal obstruction to the working of a saw mill and a timber depot owned by him. Loading and unloading work in those units are allegedly obstructed by respondents 4 to 7. This petition was filed as early as on 4/11/2010. Recalling an earlier order dated 13/12/10, the following interim order was passed on 21/12/10 by the Bench which dealt with the matter: “There will be an interim order directing respondents 2 and 3 to provide W.P.(C) No. 33578 of 2010 -: 2 :- protection to carry out loading and unloading work by employing crane or with his own workers as against obstruction from respondents 4 to 7 for a period of three weeks. It is open to the petitioner to give employment to respondents 4 to 7 also. This order is provisional and subject to the result of the writ petition. That order remains in force even now. 2. Today, when the matter came up for hearing, there is no representation for respondents 4 to 7. The learned counsel for the petitioner only prays that the interim order which has remained in force from 21/12/10 may be made absolute. In the absence of respondents 4 to 7, we turned to the learned Government Pleader for submissions. The learned Government Pleader accepts that the area in question is not a scheme covered area. In these circumstances, the learned Government Pleader submits that the interim order which has remained in force from 21/12/10 and which is being duly enforced can now be made absolute. We accept the request of the learned counsel for the petitioner which is accepted by the learned Government Pleader also. 3. In the result: (a) This writ petition is allowed. W.P.(C) No. 33578 of 2010 -: 3 :- (b) The interim order dated 21/12/10 extracted above is made absolute. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge