IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 5034 of 2010(D) ------------------------------------- PETITIONER: ------------------- A.ASOKAN, S/O.APPU, HARITHAMITHRA, SASTHAMKOVIL NADA, KALLIYOOR P.O., THIRUVANANTHAPURAM. BY ADVS. MR.VELLAYANI SUNDARA RAJU, MR.P.MEENA KUMARI. RESPONDENTS: ------------------------ 1. S.GOPAKUMARAN NAIR, UNIT CONVENOR, B.M.S.UNIT, SASTHAMKOVIL NADA, KALLIYOOR P.O., THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, NEMOM CIRCLE, NEMOM P.O., THIRUVANANTHAPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, NEMOM P.O., THIRUVANANTHAPURAM-20. R2 & R3 BY GOVT. PLEADER MR. T.K. VIPIN DAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5034/2010-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE HARITA MITHRA AWARD 1996-97 BY THE DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KERALA. EXT.P.2: COPY OF THE PUBLICATION OF STATE GOVERNMENT NAMED KERALA KARSHAGAN 1998-99 IN THE CAPTION “HARITHAMITHRA AWARDINTE VILAVUMAYEE ASOKAN”. EXT.P.3: COPY OF THE STATE GOVERNMENT PUBLICATION NAMED KRISHIYANKKANAM 1998-99 IN THE CAPTION “AWARDUKALKKU PRIYAM ASOKANODU, ASOKANU JAIVAKRISHIYODUM”. EXT.P.4: COPY OF THE FRONT PAGE OF THE PUBLICATION OF STATE FARM INFORMATION BUREAU NAMED `KERALA KARSHAGAN' IN JANUARY 1999. EXT.P.5: COPY OF THE NEWS ITEM PUBLISHED IN DESABHIMANI MALAYALAM DAILY DTD. 20/05/2000 IN THE CAPTION `JANAKIYAASOOTHRANAM', YADHARTHYAMAYA VIKASANAM'. EXT.P.6: COPY OF THE CRIMINAL COMPLAINT OE PETITIONER TO THE R.3. ON 02/02/2010 AGAINST THE R.1. EXT.P.7: COPY OF THE COMPLAINT PREFERRED TO THE R.2. BY THE PETITIONER AGAINST THE R.1. DTD. 07/02/2010. EXT.P.8: COPY OF THE SIGNED AGREEMENT OF PETITIONER AND 1ST RESPONDENT BEFORE LABOUR OFFICER, THIRUVANANTHAPURAM 1ST CIRCLE DTD. 10/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 5034 OF 2010 D --------------------------------------------------- Dated this the 29th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks police protection. Briefly put, the case of the petitioner is as follows: Petitioner is a small scale agriculturist engaged in cultivating vegetables mainly of bitter guards, snake guards, ash guards etc. He has been engaged in his avocation for the past more than 25 years. Petitioner has no store house, go-down and even a vegetable shop of his own in his locality. It is stated that local consumers and small scale vegetable venders used to go to the residence of the petitioner to purchase vegetables. The first respondent started a unit of BMS headload workers. It is stated that a group of youngsters belonging to BJP claimed themselves as headload workers and started to harass and intimidate the petitioner. WPC.5034/2010 D 2 2. We heard the learned counsel for the petitioner and the learned Government Pleader. Though served, there is no representation for the first respondent. We have already passed an interim order in the matter granting protection, if the petitioner does the loading and unloading work by himself. Petitioner has produced an Agreement as Ext.P8 between the petitioner and the first respondent. In terms of the same, if the petitioner needs any workers for loading and unloading, it is agreed that he will take help from the members of the first respondent. 3. Learned counsel for the petitioner submits that the Writ Petition may be disposed of on the basis of the agreement. Accordingly, the Writ Petition is disposed of as follows: The interim order is made absolute. But, at the same time, we make it clear that in terms of Ext.P8 agreement, if the petitioner decides to engage any other person for loading and unloading work, he will honour Ext.P8 agreement and take the workers belonging to the first respondent Union having WPC.5034/2010 D 3 registration, for carrying out loading and unloading and the order of police protection will be subject to the said condition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge