IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 6439 of 2010(D) ---------------------------------------------- PETITIONER(S): --------------------- ANOOP.K.A, AGED 30(THIRTY) YEARS, S/O.ABDUL REHMAN, PROPRIETOR, M/S.KUNNATHUNAD AGENCIES, V.P VII/8J & BK, P.P.ROAD, VENGOLA P.O, PERUMBAVOOR, KUNNATHUNAD TALUK. BY ADV. SRI.B.JAYASANKAR SRI.K.SREESAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR. 3. SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, PERUMBAVOOR. 4. HEADLOAD & GENERAL WORKERS UNION(INTUC), REGISTRATION NO.07-22/1991 VENGOLA, PERUMBAVOOR, REP.BY ITS SECRETARY M.E.BAVA. W.P.(C).NO.6439 OF 2009 5. HEADLOAD & GENERAL WORKERS UNION(CITU), REGISTRATION NO.388/1974, VENGOLA, PERUMBAVOOR, REP.BY ITS SECRETARY K.K.SANTHOSH. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.C.S.AJITH PRAKASH FOR R4&5 SRI.T.D.SALIM FOR R4&5 SRI.PAUL C THOMAS FOR R4&5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.6439 OF 2010 D PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE LICENCE DATED 21.10.09 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYATH. EXT.P2TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE KERALA VALUE ADDED TAX RULES, 2005 ISSUED TO THE PETITIONER. EXT.P3TRUE COPY OF IDENTITY CARD BEARING REG.NO.07/07/2/2010 DATED 20.01.2010 ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER'S WORKER NAMELY ANEESH K.A. EXT.P4TRUE COPY OF THE IDENTITY CARD BEARING REG.NO.07/07/3/2010 DATED 20.01.2010 ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER'S WORKER NAMELY JISSAR T.M. EXT.P5TRUE COPY OF THE IDENTITY CARD BEARING REG.NO.07/07/4/2010 DATED 20.01.2010 ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER'S WORKER, NAMELY RATHEESH KUMAR. EXT.P6TRUE COPY OF THE COMPLAINT DATED 08.02.2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7TRUE COPY OF THE RECEIPT DATED 08.02.10 ISSUED BY THE 2ND RESPONDENT'S OFFICE FOR RECEIVING THE COMPLAINT. EXT.P8TRUE COPY OF THE COMPLAINT DATED 11.102.2010 FILED BYTHE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P9TRUE COPY OF THE RECEIPT DATED 11.02.2010 ISSUED BY THE 3RD RESPONDENT'S OFFICE. RESPONDENTS' EXHIBITS: EXT.R5(A) TRUE COPY OF THE 6-A CARD ISSUED TO HEADLOAD WORKER, MR. K.K. SANTHOSH. EXT.R5(B) TRUE COPY OF THE 6-A CARD ISSUED TO HEADLOAD WORKER, MR. K.E. ISMAYIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 6439 OF 2010 D --------------------------------------------------- Dated this the 17th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks a mandamus directing respondents 1 to 3 to afford adequate and effective police protection to the petitioner, his workmen and also his property/business carried on in the building bearing Door No.VII/8J and 8K of Vengola Grama Panchayat. 2. Briefly put, the case of the petitioner is as follows: Petitioner is trading in cement. He is having licence. He is having headload workers. They are having Identity Cards and they are employed by the petitioner on a permanent and regular basis and he does not require any headloard workers covered under the Scheme. It is stated that the petitioneris not engaging anybody else to handle the loading and unloading work in his establishment. It is stated that respondents 4 and 5 and their members are obstructing the petitioner's work. WPC.6439/2010 D 2 3. We heard the learned counsel for the petitioner, learned counsel appearing on behalf of the party respondents as also the learned Government Pleader. There is a Counter Affidavit filed by the fifth respondent Union. 4. Learned counsel for the party respondents would submit that the matter relating to issuance of Identity Cards in favour of the alleged permanent employees of the petitioner is being challenged. As long as the petitioner has workers who are having registration, it may not be open to respondents 4 and 5 to obstruct the petitioner. Learned counsel for the petitioner submits that the petitioner is carrying on loading and unloading work with the three workers who are having Exts.P3 to P5 Identity Cards. In such circumstances, the Writ Petition is disposed of as follows: There will be a direction to respondents 2 and 3 to afford adequate and effective police protection to the petitioner to carry on the work in Building No.VII/8J and 8K of Vengola Grama Panchayat with the help of the three workers who are having Exts.P3 to P5 Identity Cards without any obstruction from WPC.6439/2010 D 3 respondents 4 and 5. We make it clear that under the guise of this Order, protection will not extend to the petitioner, if he makes an attempt to carry on loading and unloading work by employing any person other than the persons in whose favour Exts.P3 to P5 have been issued. We also make it clear that in case Exts.P3 to P5 are interfered with by any Statutory Authority, this Order of protection will necessarily stand withdrawn. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge