IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 13703 of 2008(F) -------------------------- PETITIONER: ------------ E.M.SUNNY, MANAGING PARTNER, VICTORY GRANITE METALS, MANNAMPETTA, VARAKKARA POST, THRISSUR DISTRICT. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH, SRI.V.A.SASIDHARAN RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, PUDUKKAD,THRISUR. 3. THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY, THRISSUR DISTRICT 4. TRICHUR DISTRICT GENERAL MAZDOOR SANGAM, REG.NO.12/80(BMS) VALANJUPADAM UNIT,CHENGALLUR POST, TRICHUR DISTRICT, REP. BY THE SECRETARY. 5. THE ALAGAPPA NAGAR GRAMA PANCHAYAT, REP. BY THE SECRETARY,ALAGAPPA NAGAR, TRICHUR DISTRICT. 6. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 SRI.K.RAMAKUMAR (SR.) , SRI.T.RAMPRASAD UNNI & SRI.J.R.PREM NAVAZ FOR R4 ADV. SRI.RENJITH THAMPAN & SMT.P.A.ANITHA FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.13703 OF 2008 ----------------------------------------------------- DATED THIS THE 2nd DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is running a quarry from where granite rock is quarried. He submits, he has got all the requisite licenses and clearances for the same. For the loading of the granite pieces, the petitioner proposes to use mechanical devices like JCB loader, etc. But, when he tried to do the loading work using the said devices on 10.4.2008, members of the 4th respondent union caused obstruction. So, he filed Exhibit P12 petition before the police. Since, the police did not extend any helping hand to him, this writ petition was filed seeking appropriate reliefs. 2. The 4th respondent has filed a counter affidavit in which it is submitted that earlier, in the property, there was a quarry run by one Mr.Porinchu and members of the 4th respondent were workmen attached to that quarry. So, they claimed work under the new owner who is the writ petitioner. The allegations of causing obstruction, etc. are denied by them. The W.P.(C)No.13703/08 -2- members of the 4th respondent have the required registration under the Kerala Head Load Workers Act. Exhibits R4(a) to (R4(d) are the identity cards of some of the members of the union. 3. The petitioner has filed a reply affidavit dealing with the averments in the counter affidavit of the 4th respondent. It is also pointed out that the registration obtained by the members of the 4th respondent is for doing work elsewhere. The learned Government Pleader upon instructions submitted that this being a labour dispute between the petitioner and the workmen represented by the 4th respondent, the police did not interfere. 4. If the members of the 4th respondent have any right to get work in the petitioner's quarry, they may move the statutory authorities under the Kerala Head Load Workers Act and establish the same. Till such time, if any obstruction is caused for the loading/unloading work in the petitioner's quarry by the members of the 4th respondent, the petitioner may inform the 3rd respondent. In that event, the 3rd respondent shall remove the obstruction. This direction will be subject to any orders that may be passed by the statutory authorities under the Kerala Head Load Workers Act. On the strength of this order the police shall not extend protection to the W.P.(C)No.13703/08 -3- quarrying work undertaken by the petitioner. If any local people are objecting to the quarrying, the petitioner will have to move the competent civil court for appropriate reliefs. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn