IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 12930 of 2010(M) --------------------------------------------------- PETITIONER(S): --------------------- AJITH KUMAR, S/O. SODARAN, SREEKRISHNA NILAYAM, ANCHAL.P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE NEDUMANGAD,THIRUVANANTHAPURAM. 4. THE DISTRICT SUPERINTENDENT OF POLICE KOLLAM. 5. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANANMTHITTA. 6. THE ASSISTANT POLICE COMMISSIONER, FORT,THIRUVANANTHAPURAM. 7. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA,THIRUVANANTHAPURAM. 8. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANAGAD,THIRUVANANTHAPURAM. 9. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINAGAL,THIRUVANANTHAPURAM. W.P.(C).NO.12930 OF 2010 M 10. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPILLY,KOLLAM DISTRICT. 11. THE DEPUTY SUPERINTENDENT OF POLICE PUNALUR, KOLLAM DISTRICT. 12. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 13. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 14. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT. 15. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT. 16. THE PRESIDENT, I.N.T.U.C. (I) THIRUVANANTHAPURAM DISTRICT COMMITTEE, NANDAVANAM, THIRUVANANTHAPURAM. 17. THE SECRETARY, C.I.T.U. THIRUVANANTHAPURAM DISTRICT COMMITTEE, CHIRAKKULAM ROAD, STATUE, THIRUVANANTHAPURAM. 18. THE SECRETARY, A.I.T.U.C., THIRUVANANTHAPURAM DISTRICT COMMITTEE, OPPOSITE TO A.G.'S OFFICE, NEAR SECRETARIAT, THIRUVANANTHAPURAM. 19. THE SECRETARY, B.M.S. THIRUVANANTHAPURAM DISTRICT COMMITTEE, KARAMANA, THIRUVANANTHAPURAM. 20. THE PRESIDENT, I.N.T.U.C. (I) KOLLAM DISTRICT COMMITTEE, CONGRESS BHAVAN, KOLLAM-1. 21. THE SECRETARY, C.I.T.U. KOLLAM DISTRICT COMMITTEE C.I.T.U. OFFICE, HIGH SCHOOL JUNCTION, KOLLAM-13. 22. THE SECRETARY, A.I.T.U.C. KOLLAM DISTRICT COMMITTEE KADAPPAKKADA, KOLLAM. 23. THE SECRETARY, B.M.S., KOLLAM DISTRICT COMMITTEE NEAR OLD BUS STAND, CHITTADEESWARAM, KOLLAM. 24. THE PRESIDENT, I.N.T.U.C.(I), PATHANAMTHITTA DISTRICT COMMITTEE, I.N.T.U.C. (I) OFFICE, PATHANAMTHITTA. W.P.(C).NO.12930 OF 2010 M 25. THE SECRETARY, C.I.T.U. PATHANAMTHITTA DISTRICT COMMITTEE, PATHANAMTHITTA. 26. THE SECRETARY, B.M.S., PATHANAMTHITTA DISTRICT COMMITTEE, MARAR BHAVAN, PATHANAMTHITTA. 27. THE SECRETARY, A.I.T.U.C., PATHANAMTHITTA DISTRICT COMMITTEE, PATHANAMTHITTA. R1 TO R15 BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. ADV. SRI.T.P.PRADEEP FOR R25 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.12930 OF 2010 M PETITIONER'S EXHIBITS: EXTS.P1 (A) TO P1(K) TRUE PHOTO COPIES OF THE REGISTRATION CERTIFICATE OF HYDRO CRANES AND RECOVERY BREAK DOWN VEHICLES OWNED BY THE PETITIONER. EXT.P2TRUE PHOTO COPY OF THE REPRESENTATION SUBMITTED BEFORE RESPONDENTS 1 TO 15 DAQTED 22.3.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 12930 OF 2010 M --------------------------------------------------- Dated this the 28th July, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order, directing respondents 1 to 15 to provide adequate police protection to the petitioner and the workers employed by the petitioner for operating Hydro Cranes and recovery break down vehicles vide Nos. KL 25A-2440, KL 25A-967, KL27-9379, KL 27- 7364, KL 16C-904, KL 08 G-7936 and KL 25A- 2529 in Thiruvananthapuram, Kollam and Pathanamthitta Districts without any illegal acts and obstruction from the hands of respondent4s 16 to 27 and their henchmen; ii. Declare that respondents 16 to 27 are not entitled to demand `nokkukooli' or `attimarikooli' from the petitioner for operating Hydro Cranes and WPC.12930/2010 M 2 recovery break down vehicles owned by the petitioner in Thiruvananthapuram, Kollam and Pathanamthitta Districts. iii. Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider Ext.P1 within a time limit as deemed fit by this Honourable Court.” 2. We have already passed an interim order. When the matter came up today, learned counsel appearing on behalf of the 25th respondent who has filed a Counter Affidavit also, would point out that if manual work is done, the petitioner must abide by the terms of the Headload Workers Act, Rules and the Scheme. In the interim order we have passed, we have already incorporated the safeguard. Of course, we have not referred to the Scheme as such. In such circumstances, we dispose of the Writ Petition by directing respondents 1 to 15 to provide sufficient protection to the petitioner and the workers engaged by the petitioner for operating Hydro Cranes and recovery break down vehicles vide Nos. KL 25A-2440, KL 25A-967, KL 27- WPC.12930/2010 M 3 9379, KL 27-7364, KL 16C - 904, KL 08 G-7936 and KL 25A- 2529 in Thiruvananthapuram, Kollam and Pathanamthitta Districts without any illegal acts and obstruction from respondents 16 to 27. However, we make it clear that if any work is to be done by manual method, then, necessarily this Judgment will not enure to the petitioner's benefit and the petitioner will have to necessarily abide by the provisions of the Headload Workers' Act, Rules and the Scheme. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge