IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 33371 of 2010(V) -------------------------------------- PETITIONER: ------------------- GOPINATHAN, AGED 48, S/O.BHASKARAN, NETTUKALTHERI ROADARIKATH HOUSE, MANNOORKKARA VILLAGE, THIRUVANANTHAPURAM. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR, SRI.K.S.PRAVEEN. RESPONDENTS: ------------------------ 1. THE S.I. OF POLICE, NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM, PIN-695 572. 2. KUTTAPPAN, (CONVENOR U.T.U.C.PERUMKULAM KARA UNIT), KOTTARATHUVILA HOUSE, PERINJANKADAVU, NEYYARDAM P.O., PIN-695 572. 3. KOCHUKRISHNAN @ ANI, CONVENOR CITU, PERUMKULAM KARA UNIT, S/O.SUKUMARAN NAIR, THEKKEMAJAMKODU HOUSE, PERINJAMKADAVU, NEYYARDAM P.O., PIN-695 572. 4. GIREESH, S/O.RAVEENDRAN, (CONVENOR B.M.S. MAILAKKARA UNIT), KALLAMPETTA HOUSE, MAILAKKARA, PIN-695 572. 5. RAVEENDRAN NAIR, (CONVENOR, AITUC MAILAKKARA UNIT), S/O.KRISHNAPILLA, LAKHABHAVAN, MAILAKKARA, PIN-695 572. R1 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R2 & R3 BY ADVS. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) , SRI.LUIZ GODWIN D'COUTH, SRI.K.P.CHANDRASEKHAR, R4 & R5 BY ADVS. SRI.M.R.SASITH PANICKER. SRI. M.R. SARIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33371/2010-V: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT BEFORE THE R.1. DT. 21/10/2010. RESPONDENTS' EXHIBITS: EXT.R2.(I): COPY OF THE ORDER DTD. 31/01/2003 OF DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. EXT.R2.(II): COPY OF THE ORDER DTD. 29/07/2006 OF THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 33371 OF 2010 ============================ Dated this the 23rd day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following reliefs:- “i)issue a writ of mandamus or such other writ order or direction directing the 1st respondent to afford sufficient and meaningful protection to the petitioner to cut load and transport the rubber trees purchased by him from the property situated at Villidumpara, engaging workers of his choice without any threat or obstruction from the respondents 2 to 5. ii)issue such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case”. 2. The case of the petitioner in brief is as follows. The petitioner has purchased 500 rubber trees standing in a Wpc 33371/2010 2 property situated at Villidumpara. 300 rubber trees are already cut and ready for transportation. But there is an interse dispute between respondents 2 and 3 and other respondents as to who are entitled to the loading work. 3. A counter affidavit is filed by respondents 2 and 3. They have produced Ext.R2(i) order of the DLO, Thiruvananthapuram and Ext.R2(ii) order of the Regional Joint Labour Commissioner, Kollam. According to them, they are entitled to do the work. Learned counsel for the other party respondents raised a contention that the particular area may not fall within the scope of the orders passed by the authorities. We directed the Labour Officer to look into the matter. The learned Government Pleader today submits that DLO has looked into the matter and found that the area where the trees are sited, would fall within area found in favour of respondents 2 and 3. In the light of this submission, we dispose of this writ petition after hearing the learned counsel for the parties as follows. 4. There will be a direction to the first respondent to afford protection to the petitioner for doing the loading work of the rubber trees purchased by him from the property situated in Villidumpara engaging the employees belonging to respondents Wpc 33371/2010 3 2 and 3 as against any obstruction from the members of respondents 4 and 5. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk.