IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 27638 of 2010(D) ----------------------------------------- PETITIONER(S): ------------------------- K.G.CLIPPY, S/O.GEORGE, MANAGING PARTNER, C.B.M.ENTERPRISES, MATTAPPARA, KOLAGAPPARA P.O., AMBALAVAYAL TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ---------------------------- 1. THE STATION HOUSE OFFICER, MEENANGADI POLICE STATION, WAYANAD. 2. KARINKAL THOZHILALI LOADING UNION (CITU) MEENANGADI, WAYANAD DISTRICT, PIN: 673 591, REPRESENTED BY ITS SECRETARY. 3. KARINKAL THOZHILALI LOADING UNION (INTUC), MEENANGADI, WAYANAD DISTRICT, PIN: 673 591, REPRESENTED BY ITS SECRETARY. * 4.( KARINKAL THOZHILALI LOADING UNION (BMS), MEENANGADI, WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY) - DELETED (* R4 IS DELETED AS PER ORDER DTD. 12498/2010) R1 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27638/2010 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE DTD. 3/05/2010 ISSUED TO THE PETITIONER BY THE MEENANGADI PANCHAYATH. P2: COPY OF THE LICENCE ISSUED TO THE PETITIONER DTD. 30/08/2010 BY THE MEENANGADI PANCHAYATH FOR RUNNING THE QUERRY. P3: COPY OF THE ORDER DTD. 18/04/2010 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. P4: COPY OF THE EXPLOSIVE LICENCE DTD. 20/08/10 ISSUED TO THE PETITIONER BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVE, CHENNAI. P5: COPY OF THE PETITION DTD. 9/07/10 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss Thottathil B.Radhakrishnan & P.Q.Barkath Ali, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27638 of 2010-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. The petitioner states that he is carrying on activities of production of artificial sand and the loading is to be done by using a mechanical device. Under such circumstances, we are of the view that there is no reason for any workers involved in loading activities to obstruct the mechanical loading of the production as also the raw materials of the petitioner. We make this observation without prejudice to any competent authority under the labour laws issuing any orders in accordance with law. Subject to that, we direct that the police will provide protection to the activities of the petitioner and also to WPC27638/10 -: 2 :- his life. The writ petition is ordered accordingly. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- P.Q.Barkath Ali, Judge. Sha/2409