IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 8902 of 2010(K) ------------------------------------- PETITIONER(S): ---------------------- SHAHANAS K.S., S/O.SIDDIQUE K.A., AGED 30 YEARS, RESIDING AT 'JALEEL'S', KURIYEDATH PARAMBA, KALLAI P.O., KOZHIKODE DIST., MANAGING PARTNER, M/S.DECOR WORLD, DOOR NO.20/35 B, M.S.BABURAJ ROAD, KALLAI POST, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, PANNIYANKARA, KOZHIKODE DISTRICT. 2. THE HEAD LOAD WORKERS UNION(STU), REP. BY ITS SECRETARY, KALLI UNIT, KALLAI P.O., KOZHIKODE. 3. THE HEAD LOAD WORKERS UNION(INTUC), REP. BY ITS SECRETARY, KALLAI UNIT, KALLAI PO., KOZHIKODE. 4. THE SWATHANTHRA LORRY ATTIMARI THOZHILALI UNION, REP. BY ITS SECRETARY, KALLAI UNIT, KALLAI P.O, KOZHIKODE. 5. THE HEAD LOAD WORKERS UNION(CITU), REP. BY ITS SECRETARY, KALLAI UNIT, KALLAI PO, KOZHIKODE. 6. THE HEAD LOAD WORKERS UNION(AITUC), REP. BY ITS SECRETARY, KALLAI UNIT, KALLAI P.O., KOZHIKODE. 7. THE HEAD LOAD WORKERS WELFARE FUND BOARD, KOZHIKODE LOCAL COMMITTEE, REP. BY ITS CHAIRMAN. WPC NO.8902 OF 2010 8. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 9. A.L.O., IIND CIRCLE, KOZHIKODE. (The additional 9th respondent is suo motu impleaded as per order dated 25.3.2010) 10. D.L.O. (GENERAL), CIVIL STATION, KOZHIKODE. (The additional 10th respondent is suo motu impleaded as per order dated 31.3.2010) R1 & R8 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R2 TO R6 BY ADV. SRI.NIRMAL. S R7 BY STANDING COUNSEL SRI.KOSHY GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8902 OF 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.ABDUL SHAREEF K. A REGISTERED HEADLOAD WORKER IN THE PETITIOENR'S SHOP. EXT.P2.TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.MUHAMMED MUZAMMIL K.P. WHO IS A REGISTERED HEAD LOAD WORKER IN THE PETITIONER'S SHOP. EXT.P3. TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.JAYESH M. ANOTHER REGISTERED HEADLOAD WORKER AT M/S.DECOR WORLD. EXT.P4.TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.BIPIN P. WHO IS A REGISTERED HEADLOAD WORKER IN THE PETITIONER'S SHOP. EXT.P5. TRUE COPY OF THE RECEIPT DATED 8.3.2010 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R2A. TRUE COPY OF THE LETTER OF THE 7TH RESPONDENT DATED 18.3.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.8902 of 2010-K ---------------------------------------------- Dated, this the 21st day of May, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks the following reliefs:-- “i. to issue a writ of mandamus or any other appropriate writ order or direction commanding the Ist respondent to extend adequate police protection to carry out the loading and unloading works at M/s.Decor World, Door No.20/35 B, M.S.Baburaj Road, Kallai Post, Kozhikode District by employing the registered attached workers employed by the petitioner. ii. to declare that the action of the respondents 2 to 6 and men under them in obstructing the loading and unloading work at the petitioner's business premises as illegal.” 2. Briefly put, the case of the petitioner is as follows:-- The petitioner is the Managing partner of M/s.Decor World, a firm dealing in glasses. The complaint of the petitioner is obstruction of loading and unloading work by respondents 2 to 6 even though he has got his own registered WPC No.8902/2010 -2- workers. 3. We take note of the orders dated 31.3.2010 and 23.4.2010. It is submitted by the learned counsel for the petitioner that the appeal has been dismissed. We record the said submission. We make the interim orders absolute. We further make it clear that this order will not stand in the way of the respondents 2 to 6 challenging the order passed by the statutory authorities if they are so advised. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS