IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 20050 of 2009(A) -------------------------- PETITIONER(S): --------------- THE K.M.M.L.LAPPA CONSTRUCTIONS & LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD. NO.Q 1354, TILANIUM COMPLEX,CHAVARA, KOLLAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. NOORUDIN KUNJU, SUNEER MANZIL, KALARI, PANMANA,CHAVARA, KOLLAM. 2. THE KERALA MINERALS AND METALTS LTD., SANKARAMANGALAM, CHAVARA, KOLLAM, REPRESENTED BY ITS DEPUTY GENERAL MANAGER (P&A) 3. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM. 4. THE CIRCLE INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM. ADV. SRI.GOPAKUMAR R.THALIYAL FOR R1 SRI.N.P.PRAJEESH FOR R1 GP MR.P A SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 20050/09 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE RELEVANT PORTION OF THE BYE-LAW COVER PAGE & I PAGE EXT.P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT DT.10.6.2009 EXT.P3 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE THIRD RESPONDENT DT.9.7.2009 EXT.P4 TRUE COPY OF THE REPRESENTATION FILED BEFORE R4 DT.9.7.2009 EXT.P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AND CERTAIN MEMBERS BEFORE THE THIRD RESPONDENT DT.29.7.2009 EXT.P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AND CERTAIN MEMBERS BEFORE THE FOURTH RESPONDENT DT.29.7.2009 TRUE COPY PA TO JUDGE P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) NO.20050 OF 2009 -------------------------------------------------------- Dated 6th August 2009 Judgment RAMAN, J. The petitioner is a registered Society, the members of which are labourers, whose land was acquired by M/s.KMML Ltd. The contract works of the company are usually awarded to the society as a measure of rehabilitation. But, according to the petitioner, the 1 st respondent, who is not a member of the society is causing physical obstruction to the work being carried out by the members of the petitioner. 2. The first respondent entered appearance through counsel and he submits that the said respondent is also affected and he has submitted an application before the Society for membership, but that has not been issued. The learned Government Pleader appearing for the State submits that the question as to whether WPC 20050/09 2 the first respondent is to be admitted as a member of the Society or not, is to be decided by the petitioner Society. 3. In the facts and circumstances, there will be a direction that there cannot be any physical obstruction caused by the 1 st respondent in the matter of work being carried out by the members of the petitioner Society. If any such obstruction is caused, the police shall give necessary protection to the petitioner and its members. However, the first respondent's membership shall be decided by the Society within a period of ten days. If he is admitted as a member, then, necessarily he will also be given employment by the petitioner Society as in the case of other members. In case the first respondent is not admitted as a member, then it is open to the said respondent to take such WPC 20050/09 3 legal remedies as are available to him in law. The Writ Petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 20050/09 4