IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL RAHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 544 of 2011(P) ----------------------------------- PETITIONER(S): ------------------------ 1. M.MOHAMMED ALI,RESIDING AT MANGADAN HOUSE, PALLASSERY, P.O.MANNARKKAD, PALAKKAD-678 582. 2. M.JAYAPRAKASAN, RESIDING AT MALAPPURAM HOUSE, MEZHUKUMPARA, THENKARA P.O., PALAKKAD-678761. 3. M.ANIL, RESIDING AT KUNDUKARATHODY, ETHIRPANAM, MANNARKKAD P.O., PALAKKAD-678582. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE BY ADVS. SRI.T.C.SURESH MENON SRI.JIBU P.THOMAS, SRI.P.S.APPU SRI.NIMOD A.R., SRI.C.A.ANOOP RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, MANNARKKAD, PALAKKAD-678582. 2. M.VIJAYAKUMAR, S/O.MANI, RESIDING AT KURAVANCODE VEEDU, KOLPADAM, THENKARA P.O., PALAKKAD-678761. 3. K.RAJAN, S/O.KRISHNAN, RESIDING AT KURAVANCODE VEEDU, KOLPADAM, THENKARA P.O., PALAKKAD-678761. *ADDL. R4 IMPLADED. 4. KERALA HEAD LOAD WORKERS WELFARE BOARD. IMPLEADED SUO MOTU AS PER ORDER DTD. 30.3.2011. R1 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.544/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER PASSED BY THE DISTRICT LABOUR OFFICER DT. 4.12.08. P2:- COPY OF THE JUDGMENT IN WP(C) NO.4435/2009 ON THE FILE OF THIS HONOURABLE COURT DTD. 29.1.2010. P3:- COPY OF THE INVITATION FOR INAUGURATION OF THE SHOPPING COMPLEX ON 12.11.2010. P4:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONERS TO THE IST RESPONDENT DTD. 12.11.2010. P5:- COPY OF THE COMPLAINT SUBMITTED BY THE 3RD PETITIONER TO THE IST RESPONDENT DTD. 6.12.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss W.P.(C) NO.544/2011 R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.544 of 2011 ---------------------------------------------------- Dated this the 21st day of January, 2011 Judgment BASANT, J. The petitioners, a pool of registered head load workers, have come to this court seeking issue of directions to the first respondent to afford police protection to them. According to the petitioners, they are entitled to get the work done in their area of operation. Respondents 2 and 3 belong to another pool - pool No.5. There are disputes between them as to who is entitled to get the work of loading and unloading done in a particular area. According to the petitioners, they are entitled to get the work done. That question has been decided by the authorities concerned. Notwithstanding such binding decisions, respondents 2 and 3 are raising unnecessary objections and obstructions. In these circumstances, the petitioners pray that respondent No.1 may be directed to grant police protection. 2. Respondents have been served. The first respondent has entered appearance through the Government Pleader. Respondents 2 and 3, though served, have not chosen to enter WPC 544/2011 2 appearance. 3. The learned Government Pleader submits that in the light of Ext.P1 order passed by the District Labour Officer under Section 21 of the Kerala Head Load Workers Act, there is no surviving dispute at all. The petitioners are entitled to get the work done. They are doing the work. Police shall give them protection in the event of any unjustified objection by respondents 2 and 3 or other workmen of pool No.5, submits the learned Government Pleader. Learned counsel for the petitioners also submits that at the moment there is no obstruction. But in case, there is any obstruction, first respondent may be directed to grant necessary police protection. 4. We take note of the circumstance that respondents 2 and 3 have not chosen to appear and resist the prayer. We take note of the submission of the learned Government Pleader and the learned counsel for the petitioners that the disputes have been resolved under Ext.P1 binding order passed by the District Labour Officer under Section 21 of the Act. We take note of the submission that Ext.P1 order has not been challenged in accordance with law. We take note of the submission of the WPC 544/2011 3 learned Government Pleader and the learned counsel for the petitioners that at the moment there is no illegal obstruction. We take note of the further submission of the learned Government Pleader that in the event of any such objection/obstruction by respondents 2 and 3 or the other members of pool No.5, police protection shall be afforded to the petitioners. We do not, in these circumstances, think it necessary to issue any further specific directions. This petition, in these circumstances, allowed in part to the above extent. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. srd WPC 544/2011 4