IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 5487 of 2011(I) ----------------------- PETITIONER : -------------------- ABDUL RAHMAN, RESIDING AT PATHAYATHODE, KOTTAPPURAM P.O., SREEKRISHNAPURAM (VIA) PALAKKAD - 679513. BY ADVS. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI. T.C. SURESH MENON SRI. JIBU P. THOMAS SRI. P.S. APPU SRI. NIMOD A.R. SRI. C.A. ANOOP RESPONDENT(S): -------------------------- 1. THE SUB INSEPCTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, SREEKRISHAPURAM P.O., PALAKKAD - 679513. 2. HEADLOAD WORKERS UNION, REPRESENTED BY ITS SECRETARY, KOTTAPPURAM UNIT, KOTTAPPURAM P.O., SREEKRISHNAPURAM (VIA) PALAKKAD 679513. *ADDL. R3 IMPLEADED *3. THE HEAD LOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHAIRMAN, PALAKKAD-678 001. *IS IMPLEADED AS ADDL. 3RD RESPONDENT AS PER ORDER DATED 3/3/11 IN I.A. NO. 3553/2011 R1 BY GOVT. PLEADER SMT. C.M. CHARISMA R3 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 5487 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER ISSUED BY THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM DATED 28.8.2008. EXT.P2 : COPY OF THE CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, GOVERNMENT PRIMARY HEALTH CENTRE DATED 22.10.2008. EXT.P3 : COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY, KARIMPUZHA GRAMA PANCHAYATH DATED 30.12.2008. EXT.P4 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 3.2.2011. EXT.P5 : COPY OF THE ACKNOWLEDGEMENT DATED 3.2.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.5487 of 2011 ------------------------------------------- Dated this the 23rd May, 2011 JUDGMENT Basant, J. The petitioner claims police protection by issue of directions under Article 226 of the Constitution against the second respondent. The second respondent though served has not chosen to enter appearance. The Headload Workers Welfare Fund Board has been impleaded subsequently as the third respondent and the third respondent is represented by its standing counsel. Interim order dated 9.3.2011 was issued to the first respondent “to afford police protection to the petitioner to get the work of loading and unloading in his establishment done with the employees of the petitioner”. 2. The learned standing counsel for the third respondent submits that the area is not a scheme covered area and in these circumstances the interim order issued earlier can be made absolute and this writ petition can now be closed. 3. Though certain other questions are also raised in WPC No.5487 of 2011 2 this writ petition, in the light of the stand taken by the third respondent, we do not think it necessary to go into the other questions. The second respondent, we note, has not raised any objections against the prayer for police protection. 4. This writ petition is in these circumstances allowed. Respondent No.1 is directed to afford police protection to the petitioner to get the work of loading and unloading in his establishment done with the employees of the petitioner. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/