IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 23826 of 2010(C) -------------------------- PETITIONER(S): --------------- 1. SR.TREASA CHACKO, SECRETRAY, ST.JOSEPH'S CANOSSIAN, EDUCATION SOCIETY, ALAPPUZHA, AMBALAPUZHA TALUK, ALAPPUZHA WEST VILLAGE, ALAPPUZHA DISTRICT. 2. DR.JANET AUGUSTINE, PRINCIPAL, ST.JOSEPH'S COLLEGE FOR WOMEN, ALAPPUZHA. 3. SR.STELLA SEMENTHI,PRINCIPAL, ST.JOSEPH'S SCHOOL FOR GIRLS,ALAPPUZHA BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, 3. SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION,ALAPPUZHA. 4. ALAPPUZHA CONSTRUCTIN WORKERS UNION (CITU),REPRESENTED BYGENERAL SECRETARY, UNION OFFICE, ALAPPUZHA. PIN:688 013 5. LOADING AND UNLOADING THOZHILALI UNION(AITUC),REPRESENTED ITS GENERAL SECRETARY, UNION OFFICE,ALAPPUZHA. PIN:688 013 BY GOVT.PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).23826/10 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE NO.59/1972 DATED 17.12.1972. EXT.P2: COPY OF THE PLAN WITH PERMIT NO.1423/09 DATED 4.11.2009 ISSUED BY THE ALAPPUZHA MUNICIPALITY ISSUED TO THE PETITIONER INSTITUTIONS. EXT.P3: COPY OF THE SITE PLAN ISSUED BY THE ALAPPUZHA MUNICIPALITY TO PETITIONER INSTITUTIONS DATED 04.11.2009. EXT.P4: COPY OF THE COMPLAINT DATED 30.06.2010 GIVEN BY THE 2ND PETITIONER TO THE 3RD RESPONDENT. EXT.P5: COPY OF THE COMPLAINT DATED 27.7.2010 GIVEN BY THE 1ST PETITIONER TO THE RESPONDENTS 1 TO 3. //TRUE COPY// P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- W.P.(C).NO.23826 OF 2010 ----------------------------------- Dated this the 4th day of August, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. The private respondents have been served notice through Special Messenger. None appears. 2. The 1st petitioner is the Secretary of a Society, which runs educational institutions. Petitioners 2 and 3 are institutions coming under the 1st petitioner. The 2nd petitioner is the Principal of a Women's College and the 3rd petitioner is the Principal of a Girls School. The institutions allege that there is unauthorised intervention in the construction of the Women's Hostel and also in the construction activities going on in the premise of the petitioners on demand of uttimary cooli, which itself is an illegal demand. W.P.(C).23826/10 2 3. For one thing, one person or group of persons including any trade union is not entitled to make any claim for payment of any amount, except as may be due in accordance with the statutory law. The Head Load Workers' Act is not applicable to the situation in hand. The private respondents do not appear and project any such case. Not only that, when the establishments relate to the upbringing and education of girls and women, it needs to be emphatically stated that there can be no situation where the presence of outsiders are permitted, except to the extent permitted by the authorities in charge of the educational institutions. This is a matter not only of discipline, but for the purpose of the protection of the girls and women. Under such circumstances, we are of the view that the petitioners are entitled to the reliefs as sought for in this writ petition. Therefore, we affirm the interim order issued by this Court on 30.7.2010, by which, the 1st respondent, Superintendent of Police, would have taken cognizance of Ext.P5 complaint and we further direct that respondents 1 to 3 will provide adequate W.P.(C).23826/10 3 protection to the life and property of the petitioner and their institutions for the construction works and for smooth functioning of the establishments. Absolute care and protection shall be given to the lives of the petitioners, their employees, workers and students studying in the institutions. We also record the statement of the learned Govt.Pleader that the police have already taken action to provide adequate protection. Writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp W.P.(C).23826/10 4