IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 36351 of 2010(T) ---------------------------------- PETITIONER(S): ------------------- 1. A.MOHANAN, UNIT SECRETARY, HEAD LOAD & GENERAL WORKERS UNION (C.I.T.U.) AKKIPPADAM UNIT, KUMARAMPUTHUR PANCHAYAT, MANNARKKAD, PALAKKAD DISTRICT. 2. M.S.ANILKUMAR, SON OF SASIDHARAN, MAVARTHALA, PAYYANAD, AKKIPPADAM. 3. VINOD.P., SON OF ACHUTHAN, PUTHOONNI VEEDU, AKKIPPADAM. 4. ARUMUGHAN, SON OF KUNJAN, AZHANCHERY, AKKIPPADAM. 5. AJYAPRAKASH. A., SON OF THANKAMONI, ATTAYIL HOUSE, AKKIPPADAM. BY ADVS. SRI.P.K.VIJAYAMOHANAN SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. SMT.DHANYA P.ASHOKAN SMT.ANITHA MATHAI MUTHIRENTHY SRI.N.N.ARUN BECHU RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD - 695 001. 2. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD - 685 011. svs .......2/-... ...2... 3. THE SUB INSPECTOR OF POLICE, MANNARKKAD- 685 011. 4. AZEEZ, SON OF ALI, VEERENGALAN, AKKIPADAM, PAYYANAD POST, MANNARKKAD- 685 011. 5. KUNHIRAYIN, SON OF BAPPU @ MUHAMMED, KUTTUTHA, AKKIPADAM, PAYYANAD POST, MANNARKKAD- 685 011. 6. HARRIS, SON OF CHEKKU, KANNANTHODY HOUSE, AKKIPADAM, PAYYANAD POST, MANNARKKAD- 685 011. 7. HAMZA, SON OF SAITHALAVI, PADINJATTE POOLACHIRA, PAYYANAD POST, MANNARKKAD- 685 011. 8. RAJAN, SON OF GEORGE, MUNDAPIZHA, POOLACHIRA, PAYYANAD POST, MANNARKKAD- 685 011. 9. RADHAKRISHNAN, SON OF RAMAN, ALVANCHERRY, AKKIPADAM, PAYYANAD POST, MANNARKKAD- 685 011. R1 TO R3 BY GOVT.PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 36351/2010(T) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.09/07/1703/2010 DATED 24/11/2010 ISSUED BY THE DISTRICT LABOUR OFFICER, MANNARKKAD TO THE 1ST PETITIONER. P2: COPY OF THE LIST SHOWING THE NAME AND ADDRESS OF THE HEAD LOAD WORKERS WITH REGISTRATION NUMBER OF THEIR RESPECTIVE IDENTITY CARDS ISSUED UNDER RULE 26-A OF THE KERALA HEAD LOAD WORKERS RULES, 1981. P3: COPY OF THE REPRESENTATION DATED 27/11/2010 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 29/11/2010 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO RESPONDENTS 2 AND 3. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 36351 OF 2010 T ----------------------------------------------------------- Dated this the 6th January, 2011. JUDGMENT Basant, J. Petitioners who claim to be registered head load workers have come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 3 against threat to life and physical obstruction to their work by respondents 4 to 9. This petition was admitted. Notice was ordered to respondents 4 to 9. They have been served. They had entered appearance. But there was no appearance for them when the case was called on a later date. There is no appearance for them today also. We see from the records that on 13/12/2010 a counsel had appeared for respondents 4 to 9 and the Court had passed the following order:- “In the meantime, it is submitted by the learned counsel for respondents 4 to 9 that respondents 4 to 9 will not physically obstruct the petitioners in doing the head load work. We record the said submission.” WPC 36351/2010 2 2. The learned Govt. Pleader submits that respondents 4 to 9 have not posed any threat to the petitioners contrary to the undertaking given on 13-12-2010. The learned Govt. Pleader submits that if there be any physical obstruction contrary to the undertaking the petitioners shall be afforded necessary protection by respondents 1 to 3. 3. We record that submission of the learned Govt. Pleader. We take note of the undertaking given by counsel for respondents 4 to 9 on 13/12/2010. This writ petition is in these circumstances allowed in part to the above extent. If there be any conduct contrary to the undertaking given by respondents 4 to 9 on 13/12/2010 before this Court, respondents 1 to 3 shall afford necessary protection to them. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 36351/2010 3