IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 4501 of 2009(J) ------------------------- PETITIONER: ------------------- SADIQUE.M.M, S/O.HASSAN KUTTY,BANANA MERCHANT, TP XIII/954,RAILWAY STATION ROAD, P.O.TANUR. BY ADV. SRI.NIRMAL. S RESPONDENTS: ---------------------- 1. KERALA HEAD LOAD AND GENERAL WORKERS UNION (CITU),TANUR, REP; BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 2. KERALA HEAD LOAD AND GENERAL WORKERS UNION(INTUC),TANUR, REP;BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 3. KERALA HEAD LOAD AND GENERAL WORKERS UNION (STU),TANUR, REPRESENTED BY ITS SECRETARY, MALAPPURAM DISTRICT. 4. KERALA HEAD LOAD AND GENERAL WORKERS UNION (BMS),TANUR, REPRESENTED BY ITS SECRETARY, MALAPPURAM DISTRICT. 5. THE SUB-INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. 6. KERALA HEAD LOAD WORKERS WELFARE BOARD, TANUR COMMITTEE, REPRESENTED BY CHAIRMAN. R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS R6 BY ADV. MR.KOSHY GEORGE, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2/- W.P (C) No.4501/2009 -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF LICENCE No.A2-257/08-09 DATED 15-03-2008 ISSUED BY THE SECRETARY EXT.P2 – TRUE COPY OF COMPLAINT DATED 29-01-2009 EXT.P3 – TRUE COPY OF JUDGMENT IN W.P (c) No.28584/08 DATED 08-01-2009 RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE AMG R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.4501 of 2009-J ***************************** Dated this the 11th day of March, 2011 JUDGMENT BASANT, J. This petition for police protection filed as early as on 10.02.2009 remains without disposal even now. When this petition came up for hearing on 11.02.2009, the Bench which dealt with the matter had passed the following order. “The learned counsel for the 6th respondent to get instructions. Urgent notice to other respondents by speed post. Interim direction as prayed for is granted provided loading and unloading work is carried out by the petitioner and his three brothers only.” 2. Service is complete. The learned Government Pleader appears for the 5th respondent. The learned Standing Counsel appears for the 6th respondent. For respondents 1 to 4, there is no appearance. The interim orders have remained in force from 11.02.09. The learned Standing Counsel for the 6th respondent submits that the area is a scheme covered area. But as the work is being carried out by the petitioner and his brothers without engaging any workmen, the 5th respondent has no objection W.P(C) No.4501 of 2009-J 2 against the interim order being made absolute. That precisely is the prayer made by the petitioner now. The learned Government Pleader does not also oppose the prayer. In the absence of opposition from respondents 1 to 4 and in the light of the submission of the learned counsel for the 6th respondent and the learned Government Pleader, we are satisfied that the prayer of the petitioner can be accepted. 3. In the result: a) This Writ Petition is allowed; b) Interim order dated 11.02.2009 extracted above is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/