IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 6879 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------ P.A.ILLIAS, S/O.P.S.ABDUL REHMAN, AGED 27 YEARS, PALLAM, MUTHALAMADA P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): ---------------------------- 1. CIRCLE INSPECTOR OF POLICE, KOLLENGODE, PALAKKAD DISTRICT - 678 506. 2. SUB INSEPCTOR OF POLICE, KOLLENGODE, PALAKKAD DISTRICT - 678 506. 3. SULAIMAN, HEAD LOAD WORKER (CITU), S/O. SHEIK MUSTHAFFA, PALLAM, MUTHALAMADA, PALAKKAD - 678 507. 4. MOOSA, HEAD LOAD WORKER (INTUC), NADUPATHY PARA, MUTHALAMADA, PALAKKAD - 678 507. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 & R4 BY ADV. SRI.SYAM J SAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6879/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DOCUMENT NO.610/03 OF S.R.O., KOLLENGODE. P2: COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PETITIONER'S PROPERTY. P3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE IDENTITY CARD ISSUED BY LABOUR DEPARTMENT. R4(B): COPY OF THE IDENTITY CARD ISSUED BY LABOUR DEPARTMENT. /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ ===================== W.P.(C)No.6879 of 2011 ===================== Dated this the 22nd day of March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of direction to respondents 1 and 2 under Article 226 of the Constitution of India to afford police protection to him. Petitioner carries on the activity of export of mangoes. The area is not a scheme covered area. In the wake of obstruction from respondents 3 and 4 the petitioner has come to this court seeking directions. 2. After hearing both sides, on 11.3.2011 the following interim direction was issued by this Court: “In the meantime respondents 1 and 2 are directed to afford protection to the petitioner for loading and unloading work in his premises against any objection that may be raised by respondents 3 and 4 or men acting under them”. 3. Today when the matter came up for hearing, learned WP(c)6879/2011 -:2:- counsel for the petitioner submits that the interim order may be made absolute and the proceedings may be closed. 4. Learned Government Pleader concedes that the area is not a scheme covered area and that the petitioner has the liberty to engage his own workers. 5. Learned counsel for respondents 3 and 4 also accepts that the interim direction can now be made absolute and the proceedings can be closed. 6. In the result: (a) this petition is allowed. (b)The interim order dated 11.3.2011 extracted above is made absolute. R.BASANT, JUDGE K.SURENDRA MOHAN, JUDGE WP(c)6879/2011 -:3:- Cdp/-