IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 23475 of 2009(D) PETITIONER(S): SUKUMARAN, KARUMALIL HOUSE, THANKASSERI WEST DIVISION, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): 1. DISTRICT SUPERINTENDENT OF POLICE,KOLLAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM. 4. A.M.IQBAL, SECRETARY, KOLLAM DISTRICT LOADING & UNLOADING, AND GENERAL WORKERS UNION (C.I.T.U), KOLLAM. 5. KUTTAPPAN, CONVEENER, KAVAL THANKASSERI UNIT (C.I.T.U), KOLLAM. 6. S.NAZAR, GENERAL SECRETARY, KOLLAM DISTRICT HEAD LOAD GENERAL WORKERS (I.N.T.U.C), KOLLAM. 7. RAJU, CONVENER, KAVAL, THANKASSERI UNIT (I.N.T.U.C), KOLLAM. 8. RADHAKRISHNAN,GENERAL CONVENER, BHARATHEEYA HEAD LOAD & GENERAL WORKERS UNION (BMS), KOLLAM. 9. MATTI RAJU, CONVENER, THAKASSERI-KAVAL UNIT (BMS), KOLLAM. ADV. SRI.N.NAGARESH FOR R4 TO R9 SRI.BINU PAUL FOR R4 TO R9 SRI.T.V.VINU FOR R4 TO R9 GOVT. PLEADER SRI. P. RAVINDRA BABU -R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 23475/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the building permit issued from Kollam Corporation dated 6.12.2009. Ext.P2: True copy of the petition filed before the 3rd respondent dated 2.8.2009. Ext.P3: True copy of the receipt given from the office of 3rd respondent on receipt of the petition dated 2.8.2009. RESPONDENTS' EXHIBITS: Ext.R4(a): True copy of the identity card issued to one Sri. Titus M. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 23475 OF 2009 --------------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed praying for police protection to the life and property of the petitioner and for construction of the residential building as per Ext.P1 permit, without any interference by respondents 4 to 9, their henchmen or members of the union. Since the construction of the building is outside the purview of Section 2(m) of the Kerala Headload Workers Act, 1978, the party respondents cannot claim, as of right, work in the process. Therefore, the Writ Petition is disposed of directing the police to render necessary assistance to the petitioner for the construction of his residential building as per Ext.P1 permit by employing workers of his choice. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ 2 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23475/2009 JUDGMENT 13th October, 2009