IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 37722 of 2009(I) ------------------------------------- PETITIONER: ------------------- T. SALIM, S/O. MOHAMMED, PROPRIETOR, T.M STEELS AND CEMENTS, A.G. ROAD, CALICUT. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, CALICUT CITY. 3. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE. 4. CITU, GANDHI ROAD UNIT, KOZHIKODE REP. BY ITS PRESIDENT. 5. THARIF, MEMBER, CITU, GANDHI ROAD UNIT, KOZHIKODE. 6. N.P. MUHAMMED RAFEEQ, MEMBER, CITU, GANDHI ROAD UNIT, KOZHIKODE. 7. N.P. SHOWKATH ALI, MEMBER, CITU, GANDHI ROAD UNIT, KOZHIKODE. R1 TO R3 BY GOVT. PLEADER SMT. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37722/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN WRIT PETITION NOS. 27985/09 AND 31336/09 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE PHOTOGRAPHS. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE R.3. DTD. 21/12/2009. EXT.P.4: COPY OF THE FIRST INFORMATION REPORT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.37722 of 2009 ------------------------------------------- Dated this the 11th March, 2011 JUDGMENT Basant, J. This petition for police protection filed as early as on 28.12.2009 remains on file without disposal even now. Though the respondents have been served, there is no appearance for the respondents. When this petition came up for hearing on 30.12.2009, the interim order for the following effect was passed by the Bench which dealt with the matter. “In view of the fact that earlier this Court by Ext.P1 judgment found it fit to pass orders granting police protection to another premises of a sister concern of the petitioner, we are of opinion that similar orders can be passed in this case also. in case, the petitioner has registered workers and as long as the registration is in force, respondents 4 to 7 shall not prevent the petitioner form doing loading and unloading required for his business with his own registered workers. In the event of any obstruction by the respondents 4 to 7, respondents 2 and 3 shall afford necessary protection to the petitioner to run his business.” 2. The learned counsel for the petitioner prays that wpc No.37722/2009 2 interim order dated 30.12.2009 which has remained in force without objections for the past more than one year may be made absolute and proceedings may be closed. The learned Government Pleader agrees to that course. Party respondents 4 to 7 have not chosen to appear and resist the prayer in the petition or the interim order granted. 3. Materials to prove registration of the alleged registered workers have not been produced. We are satisfied that the interim order takes care of that situation also. We make it clear that the advantage of the interim order can be claimed only if the workers have been duly registered under the Kerala Headload Workers Act. 4. In the result, a) This Writ Petition is allowed. b) The interim order dated 30.12.2009 extracted above is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/