IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 7416 of 2011(B) --------------------------------------- PETITIONER(S): ------------------------- A.ANIL KUMAR, AGED 35 YEARS, S/O. RAMAN NAIR, PROPRIETOR, M/S. APPEKKADANS CEMENT BRICKS, LUKKIDI, OTTAPALAM TALUK,PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, SHORANUR - 678 101. 2. CIRCLE INSPECTOR OF POLICE,POLICE STATION, OTTAPALAM-679 301. 3. HAMZA, PRESIDENT, CITU LAKKIDI GATE UNIT, RESIDING AT YARATHINGAL HOUSE, LAKKIDI, OTTAPALAM - 679 301. 4. SULAIMAN, SECRETARY, CITU LAKKIDI GATE UNIT, RESIDING AT PARAKUNDIL HOUSE, LAKKIDI, OTTAPALAM - 679 301. *ADDL.R5 IMPLEADED: R5. THE ASSISTANT LABOUR OFFICER, OTTAPALAM. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 11/03/2011 IN I.A.4281/11) R1, R2 TO R5 BY GOVERNMENT PLEADER SRI. VENUGOPAL R3 & R4 BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SRI.G.PADMAKUMAR, SMT.P.J.JINIMOL, SRI.S.SARATH, SMT.AFSANA ASHRAF, SMT.SUNANDA SUKUMARAN, SMT.N.ASWATHY, SMT.DIVYA KRISHNAN, SMT.V.T.LITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7416/2011 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ACKNOWLEDGMENT OF RECEIPT OF APPLICATION FOR REGISTRATION OF PETITIONER'S S.S.I. UNIT, M/S. APPEKKADANS CEMENT BRICKS, LUKKIDI, OTTAPALAM TALUK, PALAKKAD DISTRICT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA. P2: COPY OF CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DTD. 11/02/2011 TO THE PETITIONER'S SSI UNIT. P3: COPY OF FORM 33 ISSUED BY THE SECRETARY OF THE LUKKIDIPERUR GRAMA PANCHAYAT DTD. 14/02/2011 IN RESPECT OF PETITIONER'S SSI UNNIT. P4: COPY OF APPLICATION FOR REGISTRATION AS HEADLOAD WORKER FOR T.K.ASHOKAN. P5: COPY OF APPLICATION FOR REGISTRATION AS HEADLOAD WORKER FOR VINEETH MOHAN. P6: COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, CIRCLE INSPECTOR OF POLICE, OTTAPALAM, DTD. 24/2/2011. P7: COPY OF REQUEST MADE BY THE PETITIONER DTD. 24/03/2011 TO THE ASSISTANT LABOUR OFFICER, OTTAPALAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 7416 of 2011-B ------------------------------------------------- Dated this the 15th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to run his S.S.I. Unit of manufacturing cement hollow bricks against any illegal obstruction that may be raised by respondents 3 and 4. 2. According to the petitioner, his is an S.S.I. Unit. The area is not a scheme covered area. The work of loading and unloading is being done by two workmen employed by him. They have duly submitted applications for registration as Headload workers under Rule 26A. Respondents 3 and 4 are unjustifiably raising illegal obstructions to such activity. It is, in these circumstances, that the petitioner has come to this Court with this petition for issue of directions for police protection. 3. Respondents 3 and 4 have entered appearance. They contended that the area is a scheme covered area and W.P.(C) No. 7416 of 2011 -: 2 :- consequently the members of respondents 3 and 4 Unions alone are entitled to get the work done. Additional 5th respondent - the Assistant Labour Officer, was arrayed as a party in the light of the controversies. 4. In the light of the controversies, it was directed that notice be given to the Kerala Headload Workers Welfare Board. 5. It is now submitted categorically by both additional respondents 5 and the Kerala Headload Workers Welfare Board that the area, in question, is not a scheme covered area. Respondents 3 and 4 accept that fact. 6. It is noted that, when the matter came up for hearing on 5/4/11, the following interim direction was issued by this Court: “In the meantime, there shall be an interim direction to respondents 1 and 2 to afford police protection to the petitioner to get the work of loading and unloading done in their establishment by workmen named in Exts.P4 and P5.” 7. At the moment, there is no controversy and it is clear that the area is not a scheme covered area. In the light of that fact it is agreed by all concerned that the interim order dated 5/4/11 can now be made absolute. W.P.(C) No. 7416 of 2011 -: 3 :- 8. In the result: (a) This writ petition is allowed. (b) The interim order dated 5/4/11, extracted above, is made absolute. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 7416 of 2011 -: 4 :- R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 7416 of 2011-B ------------------------------------------------- Dated this the 29th day of March, 2011 ORDER Basant,J. The learned Government Pleader prays for time to take instructions. Reply affidavit is filed. The learned counsel for respondents 3 and 4 prays for time to advance argument. We direct the petitioner to give notice to the learned Standing Counsel for the State Headload Workers Welfare Board. Show the name of the learned Standing Counsel in the cause list. Call on 5/4/2011. R. BASANT (Judge) K. SURENDRA MOHAN (Judge) Nan/