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 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 1273 of 2010(H) ------------------------------------- PETITIONER(S): ---------------------- DR.C.P.VARGHESE CHITTILIPPALLY HOUSE, KANIPPAYYUR PO KUNNAMKULAM. BY ADV. SRI.R.SUDHIR RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE,KUNNAMKULAM 2. CIRCLE INSPECTOR OF POLICE KUNNAMKULAM. 3. DEPUTY INSPECTOR OF POLICE KUNNAMKULAM. 4. SUPERINTENDENT OF POLICE THRISSUR DISTRICT. 5. HEAD LOAD WORKERS UNION (BMS) REPRESENTED BY ITS SECRETARY KANIPPAYYUR, KUNNAMKULAM. 6. HEAD LOAD WORKERS UNION (INTUC) REPRESENTD BY ITS SECRETARY KANIPPAYYUR, KUNNAMKULAM. 7. HEAD LOAD WORKERS UNION (CITU) REPRESENTD BY ITS SECRETARY KANIPPAYYUR, KUNNAMKULAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. R5 TO R7 BY ADV. SRI.RAJIT SRI.RANJIT BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1273 OF 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE COMPLAINT DATED 8.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P2..TRUE COPY OF THE RECEIPT BY RESPONDENT UPON RECEIVING THE COMPLAINT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.1273 of 2010-H ---------------------------------------------- Dated, this the 3rd day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief:-- “i). to issue a writ of mandamus or any other writ, direction or order directing respondents 1 to 4 to give adequate protection to the petitioner and the workers engaged by him for unloading the building materials brought to the petitioner's work site comprised in Sy.No.447/2 of Kanippayyur Village and for uninterrupted construction work.” 2. Briefly put, the case of the petitioner is as follows:- Petitioner started the construction of a residential and commercial building in his property. The workers employed by the petitioner for the construction work used to unload the building materials also. It is stated that on 3.1.2010, one Santhosh affiliated to the 5th respondent union called the petitioner over mobile phone and threatened him that it was the right of the members of respondents 5, 6 and 7 unions to unload building materials at the petitioner's work WPC No.1273/2010 -2- site and if they are not engaged for the work, they would forcibly stop the construction work. It is stated that the petitioner filed a complaint before the Ist respondent. 3. We had directed the learned Government pleader to ascertain whether the work is going on in an area which is covered by the Scheme under the Kerala Headload Workers Act and the learned Government Pleader submits that it is an area covered by the Scheme. If the area is covered by the Scheme and the petitioner does not have registered workers of his own, loading work can be done only through registered workers. In the light of the same the petitioner is not entitled to get the protection sought for. Accordingly, the writ petition fails, and it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS