IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P. BHAVADASAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 15519 of 2009(H) PETITIONER: SIVANKUTTY @ SIVAN PILLAI, S/O.MADHAVA PANICKER,AYILLYA BHAVANAM, OOKKODU,NEMOM,NEYYATTINKARA,TRIVANDRUM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: 1. SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, ARYANAD,TRIVANDRUM. 2. CONVENER,CITU,KOTTAKKAKOM UNIT, KOTTAKKAKOM,NEDUMANGAD, TRIVANDRUM DISTRICT. 3. CONVENER,INTUC,KOTTAKKAKOM UNIT, KOTTAKKAKOM,NEDUMANGAD, TRIVANDRUM DISTRICT. 4. CONVENER,AITUC,ITHI UNIT, ITHI,NEDUMANGAD,TRIVANDRUM DISTRICT. 5. CONVENER,CITU,ITHI UNIT, ITHI,NEDUMANGAD,TRIVANDRUM DISTRICT. 6. CONVENER,INTUC,ITHI UNIT, ITHI,NEDUMANGAD,TRIVANDRUM DISTRICT. ADVS. M/S. S.RAJEEV & K.K.DHEERENDRAKRISHNAN FOR R2 & 3 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 15519/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT EXECUTED BY PETITIONER DATED 19.2.2007. EXT.P2 TRU COPY OF THE PETITIN FILED BY THE PETITIONER BEFORE THE 1ST RESPODET DATED 26.5.2009. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. knc/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 15519 OF 2009 = = = = = = = = = = = = = = DATED THIS, THE 28TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Respondents 2 and 3 appeared. Rest of the party respondents, though served with notice, did not turn up. 2. Petitioner seeks for police protection for cutting, removing and transporting the rubber trees standing in his property. Because of the inter rivalry between the unions - the party respondents, petitioner is not able to do the work. Respondents 2 and 3 submitted that if the petitioner is engaging them they are prepared to do the work. 3. We have heard the learned Government Pleader also. In the circumstances, there will be a direction to the first respondent to give necessary protection to petitioner so as to enable him for cutting, removing and transporting the trees unobstructed by the other respondents. However, if the party respondents have got any legal claim for the work and if any dispute is pending before the statutory authority, this order will not WP(C) 15519/2009 2 stand in the way of the statutory authority in disposing of the matter and thereafter, petitioner shall engage such of those workmen who are find entitled as per the order passed by the statutory authority. The writ petition is closed. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-