IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 27429 of 2010(C) -------------------------------------- PETITIONER(S): ---------------------- V.K. STEEL HOUSE, UDIYANKULANGARA, KOLLAYIL, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING PARTNER, VIKRAMAN, V.K. BHAVAN, ARAYOOR P.O., CHENKAL. BY ADV. SRI.LIJU.V.STEPHEN, SRI.EBY AUGUSTINE, SMT.INDU SUSAN JACOB. RESPONDENT(S): -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, PIN - 695 121. 2. CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION, PARASSALA, PIN - 695 502. 3. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, PARASSALA, PIN - 695 502. 4. APPUKUTTAN, SECRETARY, C.I.T.U. HEADLOAD WORKERS UNION, UDYANKULANGARA, AMARAVILA P.O., PIN - 695 122. 5. VATTAVILA VIJAYAN, SECRETARY, I.N.T.U.C, HEADLOAD WORKERS UNION, UDYANKULANGARA, AMARAVILA P.O., PIN - 695 122. WP(C).No. 27429 of 2010(C) * ADDL. R6 IMPLEADED ADDL. R6: KERALA HEADLOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. *ADDL. R6 IS IMPLEADED AS PER ORDER DATED 21/10/2010 IN I.A.13158/2010. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. R4 & R5 BY ADV. SRI.THOMAS ABRAHAM, SRI.DIPU.R., SMT.MERCIAMMA MATHEW, SRI.K.S.HARIDAS, SRI.V.RENJITH KUMAR. ADDL. R6 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27429 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE NO.A3/56/10 DATED 09/04/2010 ISSUED FROM KOLLAYIL GRAMA PANCHAYATH. EXT.P2: COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE KERALA VALUE ADDED TAX RULES DATED 21/05/2010. EXT.P3: COPY OF THE OWNERSHIP CERTIFICATE NO.A3/18/06 DATED 12/04/2006. EXT.P4: COPY OF THE TAX RECEIPT NO.0674773 DATED 23/02/2007. EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 17993/2010 DATED 10/06/2010. EXT.P6: COPY OF THE IDENTITY CARD OF SUSEELAN DATED 26/07/2010. EXT.P7: COPY OF THE IDENTITY CARD OF RAJAN DATED 26/07/2010. EXT.P8: COPY OF THE IDENTITY CARD OF STEPHEN DATED 26/07/2010. EXT.P9: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BNEFORE THE 1ST RESPONDENT DATED 17/08/2010. EXT.P10: COPY OF THE ACNOWLEDGEMENT NO.1416/DP/10 CSD. EXT.P11: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17/08/2010. EXT.P12: COPY OF THE ACKNOWLEDGEMENT NO.309/DP/10. EXT.P13: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/08/2010. EXT.P14: COPY OF THE ACKNOWLEDGEMENT NO.72/010 DATED 17/08/2010. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE SAMPLE IDENTITY CARD OF ONE AMONG THE WORKERS BELONGING TO THE 4TH AND 5TH RESPONDENT UNIONS. EXT.R4(b): COPY OF THE APPEAL PREFERRED BY 4TH AND 5TH RESPONDENT UNDER RULE 26 C. //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 27429 OF 2010 ============================ Dated this the 19th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court for the following relief. “To issue a writ of mandamus or other appropriate writ direction or order directing the respondents 1 to 3 to grant adequate police protection to the petitioner, his employees and his property against the unlawful obstruction made by the members of the respondents 4 and 5 or any other person under them from carrying out the business activities of the petitioner's business concern”. 2. There is a relief sought to pass orders on Ext.P9 to P14. The grievance of the petitioner is as follows. The petitioner seeks protection as against obstruction to carrying out loading and unloading work through the workers under Rule 26A of the Wpc 27429/2010 2 Headload Workers Rules. The petitioner has produced Exts.P6, P7 and P8 cards. The case of the respondent is that appeals have been preferred against the issuance of cards and they are pending. As things stand, the petitioner has cards. As long as petitioner has cards, it may not be open to respondents to obstruct the petitioner carrying out loading and unloading work through persons having those cards only. Necessarily if issuance of cards is interfered with, petitioner will not be entitled to carry out work by employing workers without registration. As long as petitioner has cards, it may not be open to respondents to obstruct. We dispose of the writ petition in terms of the interim order but making it clear that petitioner will not enjoy the benefit of this order if the registration is set aside by the statutory authorities. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk