IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 12783 of 2010(W) --------------------------------------- PETITIONER(S): ---------------------- M.A.ABDUL WAHAB, AGED 75 YEARS,S/O.M.N.ASSANAR,ZERINE RICE MILL, MAMBARAM,KINASSERY,PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 4. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION,PALAKKAD. 5. THE SECRETARY, INTUC HEAD LOAD WORKERS UNIT, MAMBRAM,KINASSERY,PALAKKAD 6. THE DISTRICT LABOUR OFFICER,PALAKKAD. ADDL. 7. THE ASSISTANT LABOUR OFFICER, PALAKKAD. (The additional 7th respondent is impleaded as per order on I.A. No.5461/2010 dated 16-6-2010) R1 TO R4 & R6 & R7 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R5 SRI.T.C.SURESH MENON FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12783 OF 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1.TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 23.4.94. EXT.P2. TRUE COPY OF THE APPLICATION DATED 1.2.2010 SUBMITTED BY ONE MR.N.VELLA. EXT.P2A. TRUE COPY OF THE APPLICATION DATED 6.2.2010 SUBMITTED BY ONE P.K.HAKKEEM. EXT.P2B. TRUE COPY OF THE APPLICATION DATED 1.2.2010 SUBMITTED BY ONE MR.ARU. EXT.P3. TRUE COPY OF THE COMPLAINT DATED 18.2.2010 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3A. TRUE COPY OF THE RECEIPT NO.G3/6761/10 ISSUED BY THE 2ND RESPNDENT DATED 20.2.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.12783 of 2010-W ---------------------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “ 1. to issue a writ in the nature of mandamus to respondents 2 to 4 to provide adequate and sufficient protection to the petitioner from the illegal activities of the members of the 5th respondent Union for loading and unloading work within the walled premises of the petitioner's Mill. 2. to issue a writ in the nature of mandamus commanding respondents 2 to 4 to consider the complaint at Ext.P3 and take necessary action immediately to protect the petitioner from the illegal entry and interference of members of the 5th respondent Union in the walled premises of the petitioner Mill. 3. to issue a writ in the nature of mandamus commanding the 6th respondent to consider the application at Ext.P2 series for registration of the permanent workers of the petitioner under the provisions of Head Load Workers within two weeks. 4. to issue a writ in the nature of mandamus commanding the respondents 2 to 4 to prevent/restrain the members of the 5th respondent Union from entering WPC 12783/2010 -2- into the premises of the petitioner's mill while loading and unloading the articles in the Mill.” 2. We heard the learned counsel for the petitioner, learned counsel for the party respondent and also the learned Government Pleader. The only prayer which is pressed before us by the learned counsel for the petitioner is the third prayer. We are inclined to grant the said prayer. Accordingly, the writ petition is disposed of directing the additional 7th respondent to consider and take a decision on Ext.P2 series in accordance with law within a period of six weeks from the date of production of a copy of this judgment with notice to the affected parties. Petitioner shall produce a copy of this judgment before the additional 7th respondent for compliance. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS