IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 10TH AUGUST 2007 / 19TH SRAVANA 1929 WP(C).No. 32519 of 2006(U) ------------------------------------- PETITIONER: ----------------- RAMACHANDRAN, VALLUZHATHIL, KURAVANKUZHY, PULLAD, THIRUVALLA. BY ADV. SRI.P.VINODKUMAR RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, MALLAPALLY. 3. THE SUB-INSPECTIOR OF POLICE, PERUMBATTY. 4. THE CONVENOR, HEADLOAD WORKERS UNION, (A.I.T.U.C.), EZHUMATOOR UNIT, MALLAPALLY, PATHANAMTHITTA. 5. THE CONVENOR, HEADLOAD AND GENERAL WORKERS UNION, (C.I.T.U.), EXHUMATOOR UNIT, MALLAPALLY, PATHANAMTHITTA. *6. THE SECRETARY, EZHUMATOOR GRAMA PANCHAYATH, THELLIYOOR P.O., THIRUVALLA. WP(C) NO: 32519/2006 U *7. THE GEOLOGIST, MINING AND GEOLOGY, PATHANAMTHITTA. *ADDL. R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 16/01/2007 IA NO. 645/2007. BY ADV. SRI.R.SANTHOSH BABU R4 & R5 GOVERNMENT PLEADER SRI. P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGEMENT Balakrishnan Nair, J. In view of the interim orders passed by this court on 29/05/2007, no further orders are required in this Writ Petition and it is accordingly, closed. 10/08/2007. SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- HARUN-UL-RASHID, JUDGE. True copy tga P.R.RAMAN & K.HEMA, JJ. ----------------------------------------------- W.P(C).NO.32519 OF 2006 ------------------------------------------------ Dated this the 29th day of May,2007 O R D E R Raman,J. Heard both parties. 2. This is a petition seeking police protection. It is alleged that the quarrying work of the petitioner is being obstructed by the members of the Unions, respondents 4 and 5. According to the petitioner, he has got three permanent workers for doing the loading and unloading work. He also submitted that the quarrying operation is done in Ezhumatoor Village, which is not a scheme notified the area. The Assistant Labour Officer shall file a report as to whether there are permanent workers employed by the petitioner for loading and unloading work. In this connection the respondents would point out that they have already given petitions before the Assistant Labour Officer, which are produced as Exts.R4(b) and (c). The Assistant Labour Officer shall dispose of the said petitions, after hearing the parties. As an interim measure, there will be a direction to the Sub Inspector of Police, Perumbatty to see that no obstruction is caused to the quarrying operation of the petitioner provided he is employing his -2- W.P.(C).NO.32519/2006 permanent workers, who are one Vijaya Kumar, Pradeep and Thankaraj as stated in the verified petition, I.A.No.2626/2007. However, if any, additional employees are required, the petitioner shall engage the members of the Unions, respondents 4 and 5. If an obstruction is caused against the lawful activities of the petitioner, the Police shall give necessary protection. Learned Government Pleader points out that the permit now issued has expired. The Police shall however ensure that there is a current valid licence issued in favour of the petitioner for conducting the quarrying operation. This interim order will be in force for a period of two weeks. Post after two weeks. P.R.RAMAN, Judge. K.HEMA, Judge. kcv.