IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 36118 of 2008(Y) -------------------------- PETITIONER(S): --------------- K.E. MUSTHAFA, E/O.ENU, KAUPPAM VEETTIL HOUSE, VELLARAKAD P.O., VIA- ERUMAPETTY, THRISSUR DIST. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.BENOJ C AUGUSTIN RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, ERUMAPETTY, THRISSUR DIST. 2. T.K. SIVASANKARAN, PRESIDENT, I.N.T.U.C., I.N.T.U.C. OFFICE, PANNITHADAM, VIA-ERUMAPETTY, THRISSUR DIST. ADV. SRI.P.VIJAYA BHANU FOR R2 SRI.M.GEORGE THOMAS FOR R2 GP SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36118 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER DATED 17.2.07 EXT.P2- TRUE COPY OF THE RESOLUTION DATED 29.2.08 EXT.P3- TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 10.11.08 EXT.P4- TRUE COPY OF THE RECEIPT DATED 10.11.08 (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).36118/2008 ----------------------------- Dated this 14th day of January, 2009 JUDGMENT Koshy (Ag.C.J.) This is a petition for police protection. Petitioner is conducting the business of stocking and selling of dry fish for the last 30 years. He has permanent workers for loading and unloading the dry fish from his premises and it is not a scheme covered area. It is complained that the workers of the second respondent are obstructing the work of the petitioner. In the above circumstances, without prejudice to the right of any of the parties to approach the authorities under the Kerala Headload Workers Welfare Act, we dispose the writ petition directing that if the petitioner is carrying on the business in a non scheme area, petitioner should be granted sufficient police protection to carry out the work of loading and unloading the dry fish with his own permanent workers. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs