IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 26778 of 2010(V) ------------------------------------- PETITIONER(S): ---------------------- SALINI, W/O. UDAYAKUMAR, AGED 36, MADHAVI HOLLOW BRICKS, AYYAPPANKKAVU, KARINKARAPPULLY, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. 2. HEAD LOAD WORKERS (C.I.T.U.) AYYAPPANKAVU UNIT, REP. BY ITS SECRETARY, AYYAPPANKAVU, KARINKARAPPULLY, PALAKKAD. R2 BY ADV. SRI.S.RAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26778 OF 2010:V PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE PROCEEDINGS DATED 11.3.2009 AND THE RECEIPT ISSUED BY THE PALAKKAD DISTRICT INDUSTRIES CENTRE. EXT.P2.TRUE COPY OF THE COMPLAINT DATED 7.8.2010 ADDRESSED TO THE IST RESPONDENT. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.26778 of 2010-V ---------------------------------------------- Dated, this the 22nd day of September, 2010 J U D G M E N T K.M.Joseph, J. The prayers in this writ petition are as follows: “i. to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Ist respondent to afford adequate and meaningful protection to the petitioner, her establishment, its workers and for the vehicles used for transporting goods of the petitioner. ii. to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Ist respondent to ensure that members of the respondent union do not interfere in any manner with the loading and unloading activity in the petitioner's establishment do not block the vehicles coming to and going out of the establishment.” 2. Briefly put, the case of the petitioner is that petitioner does loading and unloading work in the unit of the petitioner wherein hollow bricks are being manufactured by the petitioner through herself, her husband and her brother. We have already passed an interim order dated 8.9.2010. 3. We heard the learned counsel for the petitioner WPC No.26778/2010 -2- and the learned counsel for the 2nd respondent. Learned counsel for the 2nd respondent would submit that the 2nd respondent will not obstruct the loading and unloading work if it is carried out by the petitioner, her husband and her brother. Learned counsel for the petitioner would submit that the name of the petitioner's brother is Rajiv. In such circumstances, we dispose of the writ petition as follows: We direct that as long as the loading and unloading work in the petitioner's unit is carried on by the petitioner, her husband Sri.Udayakumar and her brother Sri.Rajiv, and, if there is any obstruction by the 2nd respondent, the Ist respondent shall provide adequate protection for the loading and unloading work. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS