IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32134 of 2011(N) -------------------------------- PETITIONER(S): ----------------- DR.PRATHAP KUMAR N., S/O.NATARAJA PILLAI, SAMBHAVI, ASRAMAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): -------------------- 1. THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM-691001. 2. THE CIRCLE INSPECTOR OF POLICE, ERAVIPURAM P.O., KOLLAM, PIN-691011. 3. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, ERAVIPURAM P.O., KOLLAM, PIN-691011. 4. SRI.JALALUDHEEN, CONVENER, HEADLOAD WORKERS UNION, INTUC, AYATHIL P.O., KOLLAM-691021. 5. SRI.S.SHIHABUDHEEN, CONVENER, HEADLOAD WORKERS UNION, CITU, AYATHIL P.O., KOLLAM-691021. 6. THE HEAD LOAD WORKERS WELFARE FUND BOARD DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, CHAMAKKADA, KOLLAM-691001. ADV. SRI.KOSHY GEORGE, SC GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32134 of 2011(N) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2011-12 ISSUED BY THE VILLAGE OFFICER, VADAKKEVILA IN RESPECT OF THE ABOVE PROPERTY. EXT.P2:- THE TRUE COPY OF THE ORDER NO.TP3-BR3-174-05-06 DT.14/02/11 ISSUED BY KOLLAM CORPORATION TO THE PETITIONER. EXT.P3:- TRUE COPY OF THE COMPLAINT DATED 19/11/11 FILED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3. EXT.P4:- TRUE COPY OF THE RECEIPT DATED 23/11/11 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32134 of 2011 ------------------------------------------------ Dated this the 7th day of December, 2011 JUDGMENT Harilal, J The petitioner is a Doctor by profession and Specialist in Cardiology. The petitioner and his mother have absolutely total possession or enjoyment over 87.67, 15.85 and 4.35 Ares (2.87 Acres) of property comprised in different survey numbers of Vadakkevila village and he has got a valid Building Permit to construct a multi-storied hospital in the above said property. The Building Permit is produced and marked as Ext.P2. He has started construction work in accordance with the Building Permit. The grievance of the petitioner is that respondents 4 and 5 and their henchmen trespassed into the compound wall of the site and obstructed unloading of the building materials. They threatened that if their men are not given loading and unloading works of the building materials it will be W. P. C. No.32134 of 2011 -2- obstructed and they will not allow the petitioner to construct the building. 2. The counsel for the Headload Workers Welfare Fund Board submitted that the area is not a scheme implemented area. Therefore, the petitioner has right to employ the workers according to his choice. The respondents 4 and 5 have no right to cause any kind of obstruction to the construction work. 3. Though notice has been issued against respondents 4 and 5 they have not entered appearance and thereby the averments in the Writ Petition stands undisputed. Therefore, we are inclined to grant police protection, in view of the decision in Nujumudeen v. City Police Commissioner, Kollam & Others [(2011(3) KHC Page 96] and in that decision this Court held that employer is free to employ any worker as headload worker in any area where the scheme has not been implemented. 4. Therefore, respondents 1 to 3 are directed to afford adequate and effective police protection for life and property W. P. C. No.32134 of 2011 -3- of the petitioner and his workers for loading and unloading and construction works in the site covered by Exts.P1 tax receipt and P2 Building Permits issued by Kollam Corporation without any obstruction or hindrance from workers of respondents 4 and 5 and their henchmen. Thus, this Writ Petition stands allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE