IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 18231 of 2008(U) ----------------------------------------- PETITIONERS: --------------------- 1. P.P. RAMAKRISHNAN NAIR, AGED 47, S/O LATE PRABHAKARAN NAIR, RESIDING AT PARAMATTU HOUSE, KANGARAPADY P.O., KOCHI -21, VADACODE KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. T.S.BHASKARAN NAIR, AGED 53, S/O SIVASANKARAN NAIR, RESIDING AT PARAMATTU HOUSE KANGARAPADY P.O., KOCHI -21, VADACODE KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHPURAM. 2. SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION AT KAKKANAD. 3. INTUC HEAD LOAD WORKERS UNION, REPRESENTED BY ITS POOL LEADER VINOD, OFFICE OF THE INTUC HEAD LOAD WORKERS UNION, KANGARAPADY, KOCHI -21. Kss ..2/- ...2.... WPC.NO.18231/2008 U 4. CITU HEAD LOAD WORKERS UNION, REPRESENTED BY ITS POOL LEADER SASI, OFFICE OF THE CITU HEAD LOAD WORKERS UNION, KANGARAPADY, KOCHI -21. 5. PAVITHRAN, S/O KUMARAN, AGED 44 YEARS, KALAKKATTUPARAMBIL HOUSE,KANGARAPADY P.O., KOCHI -21, VADACODE KARA,THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 6. BIJU,S/O KRISHNANKUTTY, AGED 35, PARITHAMOLATH HOUSE,KANGARAPADY P.O., KOCHI 021, VADACODE KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 7. SUKU, S/O VELAYUDHAN, AGED ABOUT 30 INTUC HEAD LOAD WORKER, OFFICE OF THE INTUC HEAD LOAD WORKERS UNION, KANGARAPADY P.O., KOCHI - 21,VADACODE KARA,THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.THAMPAN THOMAS - R3 TO 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18231/2008 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PERMIT VIDE NO.BA 106/08 ISSUED BY THE KALAMASSERY MUNICIPALITY. EXT.P2: COPY OF THE FIR REGISTERED BY THE SECOND RESPONDENT POLICE OFFICER AS CRIME NO.621 OF 2008. EXT.P3: COPY OF THE REPORT DTD. 12/06/2008 IN MALAYALA MANORAMA DAILY. EXT.P4: COPY OF THE COMPLAINT DTD. 14/06/2008 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF PHOTOGRAPHS OF THE SCENE OF OCCURRENCE AND LOADING AND UNLOADING OPERATION BY THE RESPONDENTS. EXT.R1(B): COPY OF PHOTOGRAPHS OF THE STEEL RODS STOCKED IN THE PUBLIC ROADSIDE. EXT.R1(C): COPY OF PHOTOGRAPHS OF THE WORK FINISHED. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.18231 OF 2008 ----------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The 1st petitioner is constructing a residential building in the Kalamassery Municipal area on the strength of Exhibit P1 building permit. The second petitioner is his brother, who is overseeing the work. They submit, the building materials are brought to the site using tipper lorries and they are unloaded using the mechanical device fitted to those lorries. When steel rods required for the construction was brought on 11.6.2008 and unloaded, the respondents 5 to 7 who are members of the respondents 3 and 4 and some other workers came to the site and manhandled the driver of the tipper lorry and also the petitioners. Based on the information lodged by them, Exhibit P2 FIR has been registered by the Thrikkakara Police. Feeling aggrieved by the actions of the said respondents, the first petitioner has preferred Exhibit P4 representation before the police claiming police protection. Alleging that the police did not W.P.(C)No.18231/08 -2- extend any helping hand, this writ petition is filed. 2. The petitioners submit, the claim of the trade unions and their members is for 'nokku coolie' for unloading of materials using tipper lorries. The respondents 3 to 5 have filed a counter affidavit denying the allegations against them. When steel rods were brought to the work site using a tipper lorry, the unloading did not take place as the mechanical device for the same was damaged and only half of the load was unloaded. As a result, the position of the lorry caused traffic block. Therefore, there was an altercation between the local people and the driver of the vehicle. The head load workers have nothing to do with the incident, it is submitted. They have not demanded any 'nokku coolie' also. Therefore, the said respondents prayed for dismissal of the writ petition. 3. The learned Government Pleader upon instructions submitted that based on the information lodged by the first petitioner, a crime has been registered against the persons who allegedly manhandled the petitioners. 4. The learned counsel for the petitioners submitted that if the 1st petitioner is engaging any workmen for doing the loading/unloading work, he will give preference to the registered head load workers of W.P.(C)No.18231/08 -3- the area. The learned counsel for the head load workers submitted that they do not propose to interfere with the loading/unloading work done by tipper lorries or by the petitioners personally. The above submissions of both sides will resolve the dispute in this writ petition. If any of the unions or its members demand 'nokku coolie' in violation of the above submission and obstruct the unloading, the petitioners may inform the second respondent. In that event, the said respondent shall remove the obstruction. But, the petitioner will be bound to prefer the local registered workers, if he is engaging any worker for doing the loading/unloading work in his site. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn