IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 27596 of 2011(Y) ----------------------------------- PETITIONER: --------------------- P.VIJAYAN, S/O.PARAMESWARAN, ATHAMCHITHIRA,ALENCHERY,YEROOR P.O., KOLLAM DISTRICT 691 312 BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFIARS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR,KOLLAM DISTRICT - 691 305. 3. THE SUB INSPECTOR OF POLICE, YEROOR,KOLLAM DISTRICT - 691 312. 4. SRI.G.SREEDHARANPILLAI, SECRETARY,HEADLOAD AND GENERAL WORKERS UNION, C.I.T.U,YEROOR UNIT,YEROOR P.O.,KOLLAM DISTRICT- 691 312. 5. SRI.S.RAJENDRAN, SECRETARY,HEADLOAD AND GENERAL WORKERS UNION A.I.T.U.C,YEROOR UNIT,YEROOR P.O.,KOLLAM DISTRICT- 691 312. *.ADDITIONAL R6 IMPLEADED *ADDITIONAL R6 THE DISTRICT EXECUTION OFFICER, HEADLOAD WORKERS WELFARE FUND BOARD, KOLLAM ADDITIONAL R6 IMPLEADED SUO MOTU AS PER ORDER DATED 10.11.2011 WP(C).No. 27596 of 2011(Y) ----------------------------------- R1 TO R3 BY GOVERNMENT PLEADER SRI M.K. ABOOBAKER R4 & R5 BY ADV. SRI.THOMAS ABRAHAM R4&R5 BY SMT.MERCIAMMA MATHEW R4&R5 BY SRI.K.S.HARIDAS ADDITIONAL R6 BY SRI KOSHY GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKV WP(C).No. 27596 of 2011(Y) ----------------------------------- APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ACKNOWLEDGMENT OF ENTREPRENEURS MEMORANDUM NO.32/013/1/1/7038 DATED 27.12.2010 ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM TO THE PETITIONER. P2: COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM TO THE PETITIONER VIDE NO. PC13/KO/NOC/12/2011 DATED 28.02.011 P3: COPY OF THE ORDER NO.C/911/2011 K.DIS DATED 30.03.2011 ISSUED BY THE TOWN PLANNER, DISTRICT PLANNING UNIT, KOLLAM P4: COPY OF THE LELICENSE NO.A9/47/3588/11 DATED 23.07.2011 ISSUED BY THE SECRETARY OF YEROOR GRAMA PANCHAYAT P5: COPY OF THE LETTER DATED 12.10.2011 ISSUED BY RESPONDENTS 4 AND 5 TO THE PETITIONER P6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12.10.2011 P7: COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 12.10.2011 TO THE 3RD RESPONDENT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE SKV PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.27596 OF 2011 ................................................................... Dated this the 22nd day of November, 2011. JUDGMENT K. Harilal, J. The petitioner is conducting a hallow bricks manufacturing unit in 8.09 acres of land in Sy.No.570/8 of Yeroor village. He has obtained necessary licences and necessary permissions from all concerned departments. Besides, the Pollution Control Board has issued Ext.P2 consent to establish hollow bricks manufacturing unit. The Yeroor grama panchayat has issued permission by Ext.P4. Thus the counsel for the petitioner submits that the petitioner has right to conduct the manufacturing unit in accordance with law. 2. The grievance of the petitioner is that the members of the 4th and 5th respondents unions are causing obstruction to the functioning of the manufacturing unit demanding job. The counsel for the Headload Workers Welfare Fund Board submits that this is not an area where functional operation of the scheme is not implemented. So the petitioner has right to choose his own workers. In this context, members of W.P.(C).NO.27596 OF 2011 : 2 : respondents 4 and 5 have no right to obstruct the functioning of the manufacturing unit. Therefore we are inclined to grant police protection to the smooth functioning of the manufacturing unit. If members of respondents 4 and 5 unions have a case that they have any kind of right to get employment in the manufacturing unit, they are at liberty to seek adequate remedies before the statutory authorities dealing with labour disputes. But they have no right to obstruct the functioning of the unit till a proper decision is taken by the concerned authorities in accordance with law. 3. Hence, respondents 2 and 3 are directed to afford adequate and sufficient police protection for the life of the petitioner and lives of the workers working in the hollow bricks unit and also for the manufacturing process in the hollow bricks unit without being obstructed by respondents 4 and 5 and their henchmen. This writ petition stands allowed accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl