IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 17331 of 2010(N) -------------------------- PETITIONER: --------------- S.MANAFUDEEN, S/O.SHEIKE MAITHEEN RAWTHER, AL-FATHIMA MANZIL, KURIYODE, NILAMEL. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KODAKKAL POLICE STATION, KOLLAM. 2. M.ABDUL RASHEED, PEEZHUMOODU VEEDU, KARICHIRA, MANCODE VILLAGE, MUTHAYIL MURI, MANCODE P.O. 3. THAJUDEEN, SHAHANAS MANZIL, MARAVOOR KONAM, MANCODE P.O., MANKODE VILLAGE, MUTHAYIL MURI. 4. JAUFARUDEEN, S/O.SHAMSUDEEN, PANAYIL VEEDU, MANKODE VILLAGE, MUTHAYIL MURI, MANKODE P.O. G.P. SHRI T K VIPINDAS FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17331/ 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : A PHOTOCOPY OF THE CONSENT ISSUED BY THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD DT.19.12.2008. EXT.P2 : A PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ADDL. DISTRICT MAGISTRATE KOLLAM DT.7.8.2009. EXT.P3 : A TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER BEFORE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 17331 of 2010 N - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010 JUDGMENT Joseph, J. The petitioner seeks a direction to the first respondent to afford police protection to the stone crusher unit owned by the petitioner situated at Karichira in Chithara Grama Panchayat from the threat of respondents 2 to 4. 2. Briefly the case of the petitioner is as follows. He had obtained required licence and permits from the authorities for starting the stone crusher unit. Respondents 2 to 4 are threatening that they will not allow the petitioner to run the unit, if workers of their choice are not engaged. 3. Though served, there is no appearance for respondents 2 to 4. W.P.(C).No. 17331 of 2010 2 4. We have already passed an interim order. After hearing the learned Government Pleader also, we dispose of the Writ Petition by making the interim order absolute. However, we make it clear that under the guise of this judgment it should not be understood that the petitioner is free to do loading and unloading work if it is a scheme covered area except as provided under the Headload Workers' Act. We also make it clear that this judgment will remain in force as long as the petitioner continues to have valid licence and permission as are required to carry on his business. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm