IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 20049 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------ VASU.P.K,S/O.KUNJAPPAN,PARAMBIL HOUSE, KOTTAPPADY VILLAGE,PLAMUDY.P.O,KOTHAMANGALAM TALUK. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.T.A.GEORGE JOSEPH RESPONDENT(S): --------------------------- 1. CIRCLE INSPECTOR OF POLICE,KURUPPAMPADY POLICE STATION,KURUPPAMPADY,PIN-683 545. 2. VARGHESEKUTTY.V.K,S/O.KURIAKOSE, VEEPANADAN HOUSE,VENGOOR.P.O,CHOORATHODU, LEADER/SECRETARY,I.N.T.U.C(A)UNION,VENGOOR UNIT, PIN-683 546. 3. JAISON.T.P,S/O.OUSEPH,THANNIKODAN HOUSE, VENGOOR.P.O,LEADER/SECRETARY,I.N.T.U.C(I)UNION, VENGOOR UNIT,PIN-683 546. 4. JOY.T.M,S/O.MATHAI,THOZHUTHUNGAL HOUSE, VENGOOR.P.O,CHOORATHODU,LEADER/SECRETARY, C.I.T.U.UNION,VENGOOR UNIT. R1 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20049/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT NEW REPORT PUBLISHED IN MATHRUBHOOMI DAILY DATED 04/07/2011. P2 COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 04/07/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20049 of 2011 ------------------------------- Dated this the 1st day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioner has filed this writ petition under Article 226, seeking police protection in the matter of loading of timber which stood on the property of one Reji Paul (non party) complaining that though the trees were cut down by him pursuant to the purchase by him from Sri.Reji Paul, he is obstructed by respondents 2 to 4 from loading the trees on to his lorries by engaging his own workers. Eventhough notice was issued to party respondents by special messenger, it is only the 3rd respondent who has entered appearance before this Court. Learned counsel for the 3rd respondent submitted before us that, it is only the 2nd respondent, a person expelled from the local INTUC Union who is obstructing. There is no obstruction by respondents 3 or 4. Learned counsel for the petitioner submits that on account of the obstruction for which whoever is responsible, 2 W.P.(C) No.20049 of 2011 the petitioner is unable to load the trees which were already cut down by the petitioner. It is submitted by both sides that the area is not a 'scheme implemented area'. If that be so, the petitioner is entitled to have the timber loaded on to the lorry by engaging his own workers. At any rate as the allegations against R2 are uncontroverted, we are inclined to allow this writ petition and grant relief. Accordingly, while allowing this writ petition, we direct the 1st respondent to grant adequate police protection to the petitioner for loading the trees cut down by him, from properties belonging to Reji Paul and presently lying on the side of the road in Vengoor Panchayat in Kunnathunadu Taluk by engaging his own workers. If the followers of respondents 3 and 4 are willing to do the work, the petitioner will have the freedom of engaging those workers. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/