IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25416 of 2011(B) -------------------------------- PETITIONER(S): ----------------- LILLY VARGHESE, AGED 55 YEARS, W/O.VARGHESE, ALAPPATT THOTTIYAN HOUSE, KATTINGACHIRA, IRINJALAKUDA NORTH P.O., THRISSUR DT.680125(MANAGING PARTNER,TV SONS & CO., THELAPPILLY, MAAYIKONAM P.O., THRISSUR-680712.) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------- 1. CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA CIRCLE OFFICE, IRINJALAKUDA PO., THRISUR-680125. 2. SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, IRINJALAKUDA PO., THRISSUR DT.680 125. 3. ASSISTANT LABOUR OFFICER (ALO), OFFICE OF ASSISTANT LABOUR OFFICER, IRINJALAKUDA PO, THRISSUR DT., 680125. 4. KERALA HEAD LOADWORKERS WELFARE BOARD, IRINJALAKUDA SUB OFFICE, TANA, IRINJALAKUDA PO, THRISSUR DT., 680125. 5. SUDHAN, S/O.VIRIPPERY MOHANAN, KUNNUMMAKKARA DESOM, LEADER CITU HEAD LOAD WORKERS UNION, MAPRANAM UNIT, MAPRANAM, MADAYIKONAM PO, THRISSUR DT.680125. WP(C).No. 25416 of 2011(B) -2- 6. VISWAMBARAN, S/O.KOCHAYYAPPAN, ACHUTHAN NAIR MOOLA, CITU HEAD LOAD WORKER, MAPRANAMA UNIT, MAPRANAM, MADIYIKONAM PO, THRISSUR, 680 125. ADV. SRI.KOSHY GEORGE FOR R4 SRI.V.P.PRASAD FOR R5,6 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25416 of 2011(B) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF PARTNERSHIP FIRM REGISTRATION CERTIFICATE DATED 23/07/09. EXT.P2:- TRUE COPY OF THE SALES TAX REGISTRATION CERTIFICATE DATED 18/03/10. EXT.P3:- TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER KSCE ACT DATED 01/03/11 ISSUED BY THE 3RD RESPONDENT. EXT.P4:- TRUE COPY OF THE PANCHAYAT LICENSE DATED 17/03/10. EXT.P5:- TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF LICENCE FEE DATED 25/02/11. EXT.P6:- A TRUE COPY OF APPLICATION FOR REGISTRATION OF A HEADLOAD WORKER SUBMITTED BY ARJUNAN VM ON 28/02/11. EXT.P7:- A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF A HEADLOAD WORKER SUB MITTED BY KANNAN TS ON 28/02/11. EXT.P8:- A TRUE COPY OF THE APPLICATION FOR REGISTRATION OF A HEAD LOAD WORKER SUBMTTED BY NIXON MM ON 28/02/11. EXT.P9:- A TRUE COPY OF ORDER NO.IR(3) 2047/11 DATED 26/05/11 ISSUED BY THE DLO, THRISSUR. EXT.P10:- A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 17/09/11 TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.25416 of 2011 ------------------------------------------------ Dated this the 11th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who is conducting business in building materials has approached this Court seeking protection for the lives of herself and her family members and also to her three permanent employees so that her business can be conducted smoothly. On considering this Writ Petition for admission, we issued an interim order in the following terms on 23/09/11:- “In the meanwhile, having regard to the averments in the Writ Petition, various documents produced and the submissions of Sri.Shoby K. Francis, learned counsel for the petitioner, there will be an interim order directing respondents 1 and 2 to provide adequate and effective police protection to the life of the petitioner, her husband and children and also for opening and keeping open her shop in building No.V/69 of Irinjalakuda Municipality free of all obstructions from 5th and 6th respondents and their men.” 2. Respondents 5 and 6 entered appearance through W. P. C. No.25416 of 2011 -2- counsel and they have filed counter affidavit. The contention raised is that the three employees of the petitioner obtained registration only recently. As registration was granted to them in violation of law, the party respondents have preferred appeal to the DLO, Thrissur as Appeal No.IR(3) 4294/11. If relief is granted to the petitioner, the same will result in prejudice to the appellants who are pursuing their appeal. 3. We have heard Sri.Shoby K. Francis, the learned counsel for the petitioner and Sri.V.P.Prasad, the learned counsel for the party respondents. We have also heard Sri.T.K.Vipindas, the learned Government Pleader as well as Sri.Kozhy George, the learned Standing Counsel for R4. We have gone through the pleadings as well as the materials available on record. We are of the view that subject to the result of the appeal preferred by the party respondents against the registration granted to three employees of the petitioner, the petitioner can be granted the protection sought for. Accordingly, we confirm the interim order dated W. P. C. No.25416 of 2011 -3- 23/09/11 and direct respondents 1 and 2 to grant requisite protection to the petitioner for the smooth and peaceful conduct of her business in building materials by engaging her own three workers who have secured registration, free from all obstructions from respondents 5 and 6 and persons allegiant to them subject to the condition that if the appeal preferred by the respondents 5 and 6 is decided in favour of respondents 5 and 6 then this protection presently granted will be withdrawn. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-