IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32681 of 2011(I) -------------------------- PETITIONER: --------------- RAJASEKHARAN PILLAI,AGED 45 YEARS S/O.RAGHAVAN PILLAI, AKSHAY NIVAS,AGASTHYAKKOD ANCHAL BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): --------------------- 1. SUB INSPECTOR OF POLICE, YEROOR POLICE STATION 2. VIJAYAN AGED 40 YEARS, S/O.SURENDRAN,VISHNU VILASOM, OLIYARUKU,AYILARA,AYIRANALLORE VILLAGE 3. SHANMUGHAN,AGED 42 YEARS, S/O.VISWAMBHARAN, SHANMUGHAVILASOM,OLIYARUKU,AYILARA AYIRANALLORE VILLAGE 4. SEENA, W/O.DINESH, MURUVILAZHIKATHU VEEDU, AYILARA,AYIRANALLORE VILLAGE R1 BY GOVRNMENT PLEAFDER SRI.SUSHEEL CYRIAC R2 BY ADVS. SRI.R.ARUN RAJ SRI.R.KRISHNAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 32681 of 2011(I) --------------------------------- APPENDIX ------------- PETITIONER(S) EXHIBITS ---------------------------- EXT.P1 TRUE COPY OF THE TAX RECEIPT DATED 8-6-2011 SHOWING THE POSSESSION OF LAND BY THE 4TH RESPONDENT. EXT.P2 TRUE COPY OF THE AGREEMENT DATED 19.8.2008 ENTERED IN TO BETWEEN PETITIONER AND THE 4TH RESPONDENT. EXT.P3 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT ON 19.11.2011 EXT.P4 TRUE COPY OF THE RECEIPT FOR EXT.P3 DATED 19.11.2011 ISSUED BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS : -------------------------------- EXT.R2(A). COPY OF THE RULE 26A IDENTITY CARDS ISSUED TO THE 2ND RESPONDENT BY THE ALO, PUNALUR EXT.R2(B). COPY OF THE REPRESENTATION FILED BY THE 2ND RESPONDENT BEFORE ASSISTANT LABOUR OFFICER, PUNALUR. / TRUE COPY / P.A. TO JUDGE VK PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.32681 of 2011 ------------------------------------------------ Dated this the 14th day of December, 2011 JUDGMENT Pius C. Kuriakose In this Writ Petition the petitioner who has received a contract for cutting and removal of rubber trees standing on the property belonging to the 4th respondent complains that he is unable to execute the work due to obstructions from respondents 2 and 3. Even though notice was served on respondents 2 and 3 by special messenger, respondents 2 alone has entered appearance and filed a counter. The counter affidavit submitted by the second respondent is to the effect that he is the Union Convener of the CITU Union operating in the area. It is members of his Union who are carrying out work. The 3rd respondent is the leader of the AITUC. It is they who are creating unnecessary trouble. They have no right to claim work in this area. The allegations in this Writ Petition as against the 3rd respondent stands W. P. C. No.32681 of 2011 -2- established by non-traverse against that respondent. 2. We feel that the petitioner is entitled to have the work executed peacefully. Hence, we allow this Writ Petition directing the 1st respondent to render necessary protection to the petitioner for cutting and removal of the trees standing on the property comprised in Sy. No.822/1/631 of Ayiranallore village in Kollam District belonging to the 4th respondent in terms of Ext.P2 agreement. If any obstruction is placed by the 3rd respondent or men under him such obstruction shall be removed by the 1st respondent. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.32681 of 2011 -3-