IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 249 of 2009(D) ------------------------------------- PETITIONER(S): ------------------------ 1. K.M. MATHEW, S/O. MATHEW, KUZHIKANDATHIL, PANDARAPPILLI VILLAGE, THALAPPALLY TALUK, THRISSUR. 2. ROY MATHEW, S/O. MATHEW, KUZHIKANDATHIL, PANDARAPPILLI VILLAGE, THALAPPALLY TALUK, THRISSUR. 3. ROY K. DEVASSY, S/O. K.V. DEVASSY, KOLKUNNIL HOUSE, CHUMANNA MANNU.P.O, PANACHERRY VILLAGE, KALLIDUKKU, THRISSUR - 680 652. BY ADV. SRI.B.MOHANLAL SRI.SANTHOSH PETER MAMALAYIL RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, THRISSUR. 3. SRI. A.V.KUMARAN, SECRETARY, CUTTING UNION, CITU, AMBALAKUNNATHU, THOZHUPPADAM.P.O, CHELAKKARA, THRISSUR. 4. SRI.A.V. KUMARAN, SECRETARY, CUTTING UNION,CITU, ANNATHPOTTIL VEEDU, PURAKKADU, VENGALLOOR.P.O, CHELAKKARA, THRISSUR. Kss ..2/- ...2...... WPC.NO.249/2009 D 5. SRI.P.P. THOMAS, PRESIDENT, INTUC HEAD LOAD WORKERS AND UNLOADING UNION, NATYAMCHIRA, PARAKADAN HOUSE, CHELAKKARA.P.O, THRISSUR. 6. SRI.P.I. KUMARAN, PRESIDENT, CITU LOADING AND UNLOADING UNION, NATTINKARA, CHELAKKARA, THRISSUR. 7. SRI.E. VENU GOPALA MENON, PRESIDENT, CHELAKKARA DESEEYA CHUMATTU THOZHILALI UNION (DCTU) INTUC, CHELAKKARA, THRISSUR. *ADDL.R8 & R9 ARE IMPLEADED: R8. MS.VALSA VILANGANPARA, D/O.SEBASTIAN, VARIKKAPPALLIL, VILANGUPARA, VENGALLOOR VILLAGE, THALAPPALLY TALUK, THRISSUR. R9. SHAJU SEBASTIAN, S/O.SEBASTIAN, NJAVALLY, VILANGUPARA, VENGANALLOOR VILLAGE, THALAPPULLY TALUK, THRISSUR. (*ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DTD. 8/01/2009 IN I.A.NO.192/2009) GOVERNMENT PLEADER SRI. BENJAMIN PAUL FOR R1 & R2 ADV. SRI. BINOY VASUDEVAN FOR R4 TO R6 SRI. K.A.ABRAHAM FOR R7 SRI.S.SREEDEV FOR R8 & R9 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C).No.249 of 2009 ------------------------------------- Dated 15th January, 2009 JUDGMENT Koshy, Ag.C.J . Petitioners entered into an agreement with additional respondents 8 and 9. It is stated by the counsel for the additional respondents that the 8th respondent died after executing the agreement. Petitioners executed the agreement for cutting and removing rubber trees after slaughter tapping. Exts.P1 and P2 are the agreements entered into for cutting and removing the trees. It is the case of the petitioners that after cutting some of the rubber trees, the workers said to be affiliated with respondents 3 to 7unions came and obstructed the work and therefore, they approached this court for police protection. Admittedly, the area in question is not a scheme covered area. Petitioners have their own workers for slaughter tapping, loading and unloading and transporting of rubber trees. It is the case of the contesting respondent unions that they will not obstruct the cutting of rubber trees, but, loading and unloading work will be carried on only by the workers belonging to them as the unions are registered unions. Since the area is not a scheme covered area, petitioners have right to engage their own workers and if they W.P.(C)No.249/2009 2 have workers for cutting and removing also, there is no necessity to take outside workers for the same. It is submitted that a dispute is pending before the District Labour Officer. So, if there is no dispute regarding the title to the property, in the absence of civil disputes, petitioners should be given adequate police protection to cut and remove the trees by engaging their own workers without any obstruction by outsiders subject to any direction contrary from the labour authorities. The writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks