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. 10317 of 2010(L) ------------------------------------ PETITIONER(S): ------------------------ 1. M/S.S.N.STEELS, I-444B, VETTICHIRA VALANCHERRI, MALAPPURAM DISTRICT REPRESENTED BY ITS MANAGING PARTNER SAITHALAVI, VATTAMANNIL HOUSE, ATHAVANAD, MALAPPURAM DISTRICT. 2. SALEENA, W/O.SAITHALAVI, VATTAMANNIL HOUSE, ATHAVANAD, MALAPPURAM DISTRICT. BY ADVS. SRI.K.P.SUDHEER SRI.V.C.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE KALPAKANCHERRY POLICE STATION KALPAKANCHERRY, MALAPPURAM DISTRICT. 2. THE ASSISTANT LABOUR OFFICER, TIRUR, MALAPPURAM DISTRICT. 3. CITU, VETTICHIRA UNIT, POST PUNNATHALA, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. AITUC, VETTICHIRA UNIT, POST PUNNATHALA, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. *ADDL. R5 IMPLEADED. 5. THE KERALA HEAD LOAD WORKERS WELFARE BOARD, MALAPPURAM DISTRICT MANJERI, REPRESENTED BY ITS CHAIRMAN. ADDL. R5 IS IMPLEADED VIDE ORDER DTD. 2.5.2010 IN IA. 6032/2010. R1 & 2 BY GOVT. PLEADER SMT.CHARISMA ADDL. R5 BY ADV. SRI.KOSHY GEORGE 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.10317/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE NO.PP.218/05 ISSUED BY the 2ND RESPONDENT TO THE PETITIONER FIRM. P2:- COPY OF THE LICENCE NO.219/09-010 ISSUED BY ATHAVANAD GRAMA PANCHAYATH TO THE PETITIONERS. P3:- COPY OF THE IDENTITY CARD ISSUED TO ONE C.NOUSHAD BY THE 2ND RESPONDENT (REG. NO.10/03/1/06). P4:- COPY OF THE IDENTITY CARD ISSUED TO ONE A.T.ABDUL RASHEED BY THE 2ND RESPONDENT (REG. NO.10/03/2/06). P5(a):- COPY OF THE APPLICATION DTD. 5.3.2010 SUBMTITED BY ONE MOHAMMED RAFEEK BEFORE THE 2ND RESPONDENT. P5(b):- COPY OF THE APPLICATION DTD. 5.3.2010 SUBMITTED BY ONE RIYAS K. BEFORE THE 2ND RESPONDENT. P5(c):- COPY OF THE APPLICATION DTD. 5.3.2010 SUBMITTED BY ONE NIHAS MON BEFORE THE 2ND RESPONDENT. P5(d):- COPY OF THE APPLICATION DT. 5.3.2010 SUBMITTED BY ONE SHOUKATHALI BEFORE THE 2ND RESPONDENT. P6(a):- COPY OF THE PETITION DTD. 9.3.2010 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT. P6(b):- COPY OF THE RECEIPT DTD. 10.3.2010 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 10317 of 2010-L ------------------------------------------------- Dated this the 23rd day of March, 2011 JUDGMENT Basant,J. The petitioners have come to this Court with this petition seeking issue of directions under Art.226 of the Constitution to the 1st respondent to afford protection to the petitioners against illegal obstructions on the part of respondents 3 and 4 against loading and unloading work being done in the premises of the petitioners. 2. Though there is no representation for respondents 3 and 4, the 5th respondent is represented by the learned Standing Counsel. 3. When this matter came up for hearing on 5/4/2010, the following interim order was passed by another Bench of this Court: “There will be a direction to the first respondent to provide adequate protection W.P.(C) No. 10317 of 2010 -: 2 :- for loading and unloading of the goods of the petitioners by their permanent workers covered by Exts.P3 and P4 as against respondents 3 and 4.” 4. The learned counsel for the petitioner submits that the petitioners are only seeking police protection for getting the work of loading and unloading done by the registered attached workers whose identity cards are produced as Exts.P3 and P4. 5. The learned Standing Counsel for the 5th respondent submits that there can be no objection against the petitioner getting the work done by the attached workers duly registered under the Kerala Headload Workers Act. 6. The learned Government Pleader accepts that the interim direction issued by this Court which is being enforced can now be made absolute. 7. In the result: (a) This writ petition is allowed. (b) The interim direction issued on 5/4/2010 is made absolute. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge