IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 5629 of 2009(W) ------------------------- PETITIONER(S): --------------- A.SHANAVAS A.S. ENTERPRISES, PUTHENVILA VEEDU, ELAMBALLOOR, KUNDARA. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, KUNDARA. 3. SHAJI, ROAD VILA, EDAVATTOM, VELLIMON .PO, KOLLAM. 4. THANKAN, ROAD VILA, EDAVATTOM, VELLIMON .PO, KOLLAM. 5. ANZAR, ROAD VILA, EDAVATTOM, VELLIMON .PO, KOLLAM. 6. BHASKARAN, ROAD VILA, EDAVATTOM, VELLIMON .PO, KOLLAM. 7. NOUSHAD, VETTILIL PUTHEN VEEDU EDAVATTOM, VELLIMON .PO, KOLLAM. 8. REMANA, VALIYATHARAPUTHEN VEEDU EDAVATTOM, VELLIMON .PO, KOLLAM. 9. RAHIM,NOUSHAD MANZIL, EDAVATTOM, VELLIMON .PO, KOLLAM. R1 & 2 BY GOVT. PLEADER SRI P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5629 of 2009(W) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPYT OF PANCHAYAT LICENSE DT. 29.2.08. P2 - TRUE COPY OF VALID SALES TAX REGISTRATION CERTIFICATE DT.15.6.07. P3 - TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE R1, DT. 12.2.09. P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------- W.P.(C) NO.5629 of 2009 ----------------------------------- DATED:MARCH 23, 2009. JUDGMENT Raman, J. In spite of notice to the party respondents and service being recorded as complete, none has entered appearance. We have heard the Government Pleader. 2. The petitioner is a stockist and dealer of welding rods, cast iron and stainless steel building materials. He is running a shop in the name "A.S.Enterprises". It is stated that loading and unloading work of these materials are done by the petitioner and his two brothers by name Muhammed Sidque and Suneer inside their compound. That is being continued since the year 2000. He is also conducting business after obtaining licence as evidenced by Ext.P1. It is alleged that on 10.2.2009 members belonging to the CITU came and threatened the petitioner claiming that they are the authorised headload workers in the area and they did not permit 2009W.P.(C) NO.5629 of :2: the lorry to be unloaded. In spite of the complaint made to the police, no action is taken. Hence this writ petition for necessary protection. 3. In the facts and circumstances of the case, and in the absence of any contest, we direct the Circle Inspector of Police, Kundara, the 2nd respondent, to give necessary protection to the petitioner in case any obstruction is caused to the unloading of the building materials by the petitioner and his two brothers without any third party being engaged for such work. In case any obstruction is caused by respondents 3 to 9 or their members, the police shall remove such obstruction so as to enable the petitioner to carry on his trade or business in accordance with law The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-