IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 19611 of 2009(V) -------------------------- PETITIONER(S): --------------- PRAKASH.S, S/O.SREEDHARAN, RESIDING AT PULLANAKKODU CHARUVILA VEEDU, VELINNALLOOR VILLAGE, ALUMOODU, KARINGANNOOR PO, KOTTARAKKRA TALUK, KOLLAM DIST. BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRIBEPIN PAUL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, TO THE HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM,. 3. C.I.OF POLICE, EZUKONE, KOTTARAKARA, KOLLAM DIST. 4. THE S.I.OF POLICE, POOYAPALLY POLICE STATION, KOLLAM. 5. A.A.KHAREEM, CONVENER I.N.T.UC, MUJEEB SADANAM ROAD, VILA, CHERRYAAVEHNALLOOR PO, KARINGANNOOR VIA, KOTTARAKARA TALUK, KOLLAM DIST,. 6. S.NASAR, CONVENER, C.I.T.U, MADATHIL VEEDU, ROAD VIA, CHERIVAVANNALLOOR PO, KARINGANNOOR VIA, KOTTARAKARA TALUK, KOLLAM DIST. GP MR.P A SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 19611/09 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DT.30.10.2008 EXT.P2 TRUE COPY OF THE COMPLAINT DT.30.6.2009 FILED BEFORE R4 TRUE COPY PA TO JUDGE P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) NO.19611 OF 2009-V -------------------------------------------------------- Dated 17th July 2009 Judgment RAMAN, J. The petitioner is the owner of 63 cents of property in Velinaloor village in Kottarakkara taluk. He wants to cut and remove the rubber trees standing in the said property and to replant rubber trees there. For the said purpose, when he engaged his own workmen, respondents 5 and 6 interfered in the work and prevented the workmen from cutting and removing the rubber trees, demanding that their people should be employed and also asking for exorbitant rates. According to the petitioner, the property is not situated in a scheme covered area under the Headload Workers Act. 2. Notice was ordered by special messenger and service is complete. But there is no appearance for the party respondents. Heard the learned Government Pleader. In the facts and circumstances of the case, there will be a direction to respondents 3 and 4 to give necessary protection to the WPC 19611/09 2 petitioner for carrying out the work connected with his rubber estate including the cutting and removal of the rubber trees, without any obstruction from respondents 5 and 6. However, this will not stand in the way of any right of respondents 5 and 6 to approach the appropriate legal forum for redressal of their grievance. The Writ Petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 19611/09 3