IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 1521 of 2010(M) ------------------------- PETITIONER: --------------- SAHEERUDEEN @ SAHEER, S/O.NOOHU KANNU, THADAVILA VEEDU, OZHUKUPARAKKAL P.O., AYOOR (VIA), KOLLAM -691533. BY ADV. SRI.B.MOHANLAL SRI.A.SANIL KUMAR RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. 2. THE SUB INSPECTOR OF POLCIE, KOTTARAKKARA POLICE STATION, KOLLAM. 3. SRI.K.S.ROY, S/O.KUNJU KUNJU, ROYAL- BHAVAN, EDAMULAKKAL VILLAGE AYOOR, KOLLAM. 4. SRI.K.SUSEELAN, S/O.K.KUTTAN, NEETHU BHAVAN, POLIKKODE, VALAKOM, KOTTARAKKARA, KOLLAM. 5. SRI SREENIVASAN, S/O. DAMODHARAN, VANASREE, MELKULANGARA, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM. 6. SUNI MOL, D/O.THOMAS, MINI BHAVAN, MELKULANGARA, ANDOOR MURI, VALAKOM VILLAGE.' KOTTARAKKARA, KOLLAM. 7. SRI MOHANAN PILLAI, S/O.NARAYANAN PILLAI ADIYATTU VEEDU, ANDOOR MURI, VALAKOM VILLAGE. KOTTARAKKARA, KOLLAM. 8. SRI MAMACHAN, S/O.KUNJU KUNJU, SIJO BHAVAN, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM. 9. SRI PHILIPPOSEKUTTY, S/O.KOSHI, KIZHAKKE VEEDU, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM. 10. SMT.GRACYKUTTY, D/O.MARIAMMA, JIJO BHAVAN, ANDOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA, KOLLAM. 11. SRI SAHADEVAN R., S/O.RAGHAVAN, CONVENER INTUC, ANANDA MANDIRAM, MELKULANGARA, VAYAKKAL P.O., KOTTARAKKARA, KOLLAM. 12. SRI ABHILASH, S/O. KARUNAKARAN, CONVENOR CITY, PARAVILA PUTHEN VEEDU, MELKULANGARA, VAYAKKAL P.O., VALAKOM, KOTTARAKKARA, KOLLAM. 13. SRI.SATHEESH BABU, S/O.NARAYANAN NAIR, CONVENOR KTUC, MALAYILAZIKATHU VEEDU, MELKULANGARA, VALAKOM, VAYAKKAL P.O., KOTTARAKKARA, KOLLAM. 14. SRI.PRAKASH, S/O. KARUNAKARAN, CONVENOR AITUC, PRAKASH BHAVAN, MELKULANGARA, VALAKOM, VAYAKKAL P.O., KOTTARAKKARA, KOLLAM. ADDITIONAL RESPONDENT 15. ASSISTANT LABOUR OFFICER, KOTTARAKKARA. THE 15TH RESPONDENT IS IMPLEADED AS ADDITIONAL 15TH RESPONDENT SUO MOTO VIDE JUDGMENT DT.28.1.2010. BY GOVT. PLEADER SRI. SMT. M. K. PUSHPALATHA - FOR R1 & R2 SRI JAYAPRASAD. ADV. SRI.T.S.RAJASENAN FOR R12 - 14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C). NO: 1521 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28 th day of January, 2010. JUDGMENT K. M. Joseph J The prayer in the Writ Petition is as follows: Issue a writ of mandamus or other appropriate writ order of direction commanding the respondents 1 and 2 to afford adequate and effective Police protection for life and property of the petitioner and his workers for slaughtering, loading, unloading and transporting of rubber trees stood in the properties of the respondents 3 to 10 in Sy.Nos. 209/23/2/, 209/23/1, 214/8, 312/10/31 198/12, 223/4/2 and 223/5/3 (Thandaper Account No.26/1500, 26/7811, 26/9862, 26/1678, 199/7 (200/13) of Valakom Village without any obstruction or hindrance from Workers of the Respondents 11 to 14 and their henchmen or anybody. W.P. (C). NO: 1521 OF 2010 :2: 2. Briefly put, the case of the petitioner is as follows: The petitioner is running a brick Killen unit. He has entered into an agreement with respondents 3 to 10 who are small land holders agreeing to slaughter the rubber trees standing in their properties. The complaint is that respondents 11 to 14 and their workmen criminally trespassed into the property and obstructed the slaughtering works and illegally demanded huge amount. The petitioner filed Ext.P7 complaint. 3. A counter affidavit was filed by respondents 12 and 14. It is inter-alia stated in the affidavit as follows: The 12th respondent belongs to CITU union and 14th respondent belongs to AITUC union. The Asst. Labour Officer issued 7 identification cards to CITU union and 6 identification cars to AITUC union. The rubber trees are within the area mentioned in the identity cards by the Assistant Labour Officer. The petitioner has suppressed the material facts. They produced Ext.R12(b) agreement of sale between respondents and one Hussain to whom some of trees were sold. Exts.R.12(c) and W.P. (C). NO: 1521 OF 2010 :3: R12(d) are true copies of the orders passed by this court. It is stated that the petitioner never came to the properties on 20.11.2009 and these respondents never obstructed the slaughtering work. 4. Heard learned counsel for the petitioner and the learned Government pleader for respondents 1 and 2 and also learned counsel for the respondents 12 to 14. 5. Learned counsel for the petitioner would submit that the functional operation of the Scheme is not implemented in the area. He has submitted that he was prepared to engage workers provided they demand remuneration payable, in accordance law. Learned counsel for 12th and 14th respondents also submits that the petitioner has never approached them. 6. The Asst. Labour Officer, Kottarakkara is impleaded suo motu as additional 15th respondent. The matter will be decided by the Assistant Labour officer. There will be a direction to the additional 15th respondent to consider the question as to the amount payable to the workers belonging to respondents 11 to 14, in accordance with W.P. (C). NO: 1521 OF 2010 :4: law. The Additional 15th respondent is directed to take a decision with notice to the parties, within two weeks from the date of receipt a copy of this judgment. 7. If the members of the respondents 11 to 14, even after the dispute is settled by the Asst. Labour Officer, act contrary to the same by demanding further amount and obstructing work, there will be a direction to respondents 1 and 2 to provide adequate and sufficient protection to the petitioner to carry out the work for which he has entered into agreement with the property owners. The writ petition is being disposed accordingly. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/