IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 27567 of 2011(U) -------------------------------- PETITIONER(S): ------------------ SIVADASAN, S/O.SHRI.VELAYUDHAN, KOLATHUMKUDY (H), MANJAPRA, ERNAKULAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): ------------------- 1. SUB INSPECTOR OF POLICE, AYYAMPUZHA-683 581. 2. CIRCLE INSPECTOR OF POLICE, KALADY-683 574. 3. SIVAN THEYYATHAN, KOTTARAMKUNNEL, AYYAMPUZHA P.O., PIN-683 581, LEADER, HEAD LOAD GENERAL WORKERS UNION, INTUC, AYYAMPUZHA UNIT. 4. SHAIJU.V.K, VETTIKKADAN (H), AYYAMPUZHA P.O., PIN-683 581, LEADER, HEAD LOAD GENERAL WORKERS UNION, CITU, AYYAMPUZHA UNIT. 5. A.M.MATHAI, ALUKKA (H), CHULLY PO, PIN-683 581, ERNAKULAM DISTRICT, LEADER, HEAD LOAD GENERAL WORKERS UNION, CITU, CHULLY UNIT. WP(C).No. 27567 of 2011(U) -2- 6. P.D.GEORGE, PALATTI (H), CHULLY P.O., PIN-683 581, ERNAKULAM DISTRICT, LEADER, HEAD LOAD GENERAL WORKERS UNION, INTUC, CHULLY UNIT. 7. THE STATE OF KERALA, REPRESENTED BY THE LABOUR COMMISSIONER, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27567 of 2011(U) APPENDIX PETITIONER's EXTS EXT.P1:- THE TRUE COPY OF THE PATTA EVIDENCING THE OWNERSHIP OF THE PROPERTY. EXT.P2:- THE TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 30/09/11. EXT.P3:- TRUE COPY OF THE COMPLAINT DATED 12/10/11 SUBMITTED by the PETITIONER TO THE 1ST RESPONDENT. EXT.P4:- TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 12/10/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.27567 of 2011 ------------------------------------------------ Dated this the 25th day of October, 2011 JUDGMENT Abdul Rehim, J Petitioner is seeking direction to afford effective police protection to the lives of himself and his workers and for movement of vehicles, from the obstruction alleged to have been caused by respondents 3 to 6 to the work of cutting and removing Rubber Trees standing in the property owned by him. It is stated that the trees need be cut and removed for the purpose of re-plantation. But when the petitioner engaged workers for doing such works, the members of respondents 3 to 6 unions caused physical obstruction claiming that they alone have got right to do such works in the area in question. Eventhough the petitioner submitted Ext.P3 complaint before the 1st respondent, no effective W. P. C. No.27567 of 2011 -2- steps were taken to remove such illegal obstructions. Hence this Writ Petition is filed. 2. Inspite of service of notice from this Court respondents 3 to 6 have not chosen to appear and contest the case. Learned Government Pleader, on the basis of the instructions received, submitted that the work was obstructed by unions on the premise that there exist disputed claims between the unions with respect to entitlement to do such work, in the area in question. 3. From the facts and circumstances and contentions raised, which remains un-traversed, we are of the opinion that the petitioner has got every right to do the work of cutting and removal of the Rubber Trees standing in his property by engaging workers of his own choice. The respondents 3 to 6 or anybody claiming under them have no manner of right to obstruct. 4. Hence, we dispose of this Writ Petition directing the W. P. C. No.27567 of 2011 -3- respondents 1 and 2 to take effective steps to remove obstructions if any caused to the work of cutting and removal of Rubber Trees from the petitioner's property, by engaging workers of his own choice. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-