IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20898 of 2011(J) --------------------------------------- PETITIONER(S): ----------------------- BEENA JOSEPH, W/O.JOSEPH SEBASTIAN, AGED 42, ALANCHERIL HOUSE, KOTTAMURI P.O., THRIKKODITHANAM, CHANGANACHERRY. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE KANJIRAPALLY POLICE STATION, 687 616. 2. THE SUB INSPECTOR OF POLICE KANJIRAPALLY POLICE STATION, KANJIRAPPALLY-687 616. 3. K.K. RAJU, S/O.KUTTAPPAN PILLAI AGED 54 YEARS, KIZHAKKEKANNANKARA HOUSE EDAKKUNNAM VILLAGE, KANJIRAPALLY-687 617. R1 & R2 BY GOVT. PLEADER SMT.C.M. CHARISMA. R3 BY ADV. SRI.LIJI.J.VADAKEDOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20898 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DATED 26/07/2011 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE RECEIPT DATED 26/07/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE PETITION DATED 05/08/2011. //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20898 of 2011 ------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. The petitioner is the owner of 2 Acres 5 Cents of property situated in Edakkunnam village in Kottayam District, which is planted with Rubber Trees. The petitioner had given the Rubber Trees for slaughter tapping to his brother. The 3rd respondent was a Rubber Tapper working under the erstwhile owner of the property, and he was continuing under the petitioner also. According to the petitioner, when she had purchased the property, all claims of the 3rd respondent were settled by the erstwhile owner. Now no amount is due to the 3rd respondent from the petitioner, with respect to his employment. 2. Grievance of the petitioner is that, when the petitioner engaged workers for cutting and removal of the Rubber Trees, the 3rd respondent alongwith his men have 2 W.P.(C) No.20898 of 2011 trespassed into the property and caused obstruction and mischief, and tried to attack the workers of the petitioner. With respect to the illegal obstructions, the petitioner had submitted Ext.P1 complaint before the 1st respondent. But the respondents 1 and 2 have not taken any action. Hence this writ petition is filed. 3. In the counter affidavit filed by the 3rd respondent, it is contended that, he was an employee in the property as Rubber Tapper for the last 7 years. It is further contended that no settlement was made with respect to the legitimate claims of the 3rd respondent on his retrenchment from the work. However, the allegations regarding trespass and physical obstruction was denied by the 3rd respondent. It is also stated that the 3rd respondent had already raised claim against the denial of employment, before the District Labour Officer, Kottayam, as evident from Ext.R3(a), through a trade union. Action on such claim has already been taken by the competent 3 W.P.(C) No.20898 of 2011 labour authorities, is the contention. 4. From the rival contentions, it is evident that there exists a claim raised by the 3rd respondent with respect to alleged dues on the basis of the employment. It is always free to the 3rd respondent to seek appropriate relief in this regard from the competent authorities. However, the 3rd respondent is not entitled to create any physical obstruction with respect to cutting and removal of the Rubber Trees. In this regard, we take note of the undertaking made by the 3rd respondent that he is not causing any such obstruction. 5. Therefore, the writ petition is disposed of directing respondents 1 and 2 to take steps if there is any obstruction caused to the cutting and removal of the Rubber Trees standing in the property belonging to the petitioner, from the side of the 3rd respondent or anybody else claiming under him. Necessary steps to afford protection shall be taken if there is any threat to the lives 4 W.P.(C) No.20898 of 2011 of the petitioner and the workers engaged by the petitioner. The writ petition is disposed of with the above directions. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/