IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 38266 of 2007(E) -------------------------- PETITIONER: ------------ M/S.KNS HAJEE SHAIK ABDUL KADER LABBAI SAHIB CO. (P) LTD., 666, MULAMKADAKAM, KOLLAM-691 012, REP. BY ITS BRANCH MANAGER, S.MOHAMMED ISMAIL. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY, ERNAKULAM. 3. THE COMMISSIONER OF POLICE, ERNAKULAM. 4. KOCHI THOZHILALI THURAMUGHA UNION, CITU, THOPPUMPADY, REP. BY ITS SECRETARY. BY ADV. SRI.PMA.KALAM BY G.P.SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.38266/2007 APPENDIX PETITIONER'S EXHIBITS; EXT.P1 COPY OF CERTIFICATE OF REGISTRATION ISSUED TO THE BRANCH OF THE PETITINER COMPANY BY THE COMMERCIAL TAX OFFICER (VAT), IIND CIRCLE, MATTANCHERY. EXT.P2 COPY OF REPRESENTATION DTD 11.12.07 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1-3. /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.38266 OF 2007-E -------------------------------------------------------------- Dated this the 17th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner has approached this Court for police protection for doing loading and unloading work in its establishment using its own workmen. This Court on 3.1.2008 passed the following interim order: “If the petitioner is doing loading and unloading work within its premises using its own regular workers and, if anybody is causing obstruction, petitioner may inform the first respondent about the same. In that event, the said respondent shall remove the obstruction. The fourth respondent may file counter affidavit, if any, putting forth their right to do the loading and unloading work. This interim order will remain in force for a period of one month from today.” 2. The workmen represented by the 4th respondent claim that they are entitled to do the loading and unloading work in the petitioner's establishment. So, they moved the authorities under the Kerala Headload Workers Act and the Rules. WPC.38266/2007 .2 3. In view of the above position, it is ordered that the direction to grant police protection will be subject to orders that may be passed by the competent authority under the Kerala Headload Workers Act and the Rules. Till such time, the above interim order will continue. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl WPC.38266/2007 .3