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 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 25667 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------- MICHEL, S/O.LATE JAMES, AGED 60 YEARS, KOCHEEKKARAN VEETTIL, VADACKAL WARD, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION.PIN-688 001. 2. LAWRENCE GLOVIS,CITU LEADER, HOUSE NO.36/692A, VELIYATHU, SANATHANAPURAM.P.O., VADACKAL, ALAPPUZHA.PIN-688 001. 3. UDAYAPPAN, CITU LEADER, HOUSE NO.36/889, CHENNACKAL VEEDU, SANATHANAPURAM.P.O, VADACKAL, ALAPPUZHA.PIN-688 001. 4. AJAYAN, AITUC LEADER, HOUSE NO.36/870, THAMBISSERI, SANATHANAPURAM.P.O, VADACKAL, ALAPPUZHA.PIN-688 001. 5. ANTONY NICKLAV, INTUC LEADER, HOUSE NO.36/889.VELIYATHU, SANATHANAPURAM.P.O, VADACKAL, ALAPPUZHA.PIN-688 001. R1 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25667/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER. P2 COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER. P3 COPY OF THE PETITION DATED 20/09/2011 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25667 of 2011 ----------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T Abdul Rehim, J. Notice sent from this court to the 2nd respondent is returned with endorsement that the 2nd respondent is no more. It is submitted by Sri.B.Pramod, learned counsel for the petitioner, that the petitioner is relinguishing relief sought for against the 2nd respondent and there is no necessity to implead the legal heirs of the 2nd respondent. We record the above submission. 2. Petitioner is constructing two residential buildings, on the strength of Ext.P2 Building Permit issued by the local authority, the Alapuzha Municipality. Complaint is regarding obstructions caused by respondents 2 to 5 against bringing and unloading of building materials at the construction site, and also against carrying out the construction works by engaging workers of the petitioner's choice. According to the petitioner, the respondents 2 to 5 WP(C). 25667/11 -2- are claiming that they should be engaged for unloading of the construction materials and also for the construction works. But they are demanding wages at too high rates. Since petitioner is not amenable to their demands, they are taking law into their own hands and creating physical obstructions, is the contention. It is stated that, eventhough the petitioner submitted Ext.P3 complaint before the 1st respondent, no action was taken to remove such obstructions and to give protection to the workers of the petitioner. 3. We notice the contentions raised by learned counsel for the petitioner that the persons engaged in construction, repair and maintenance of house buildings are outside the purview of the definition of “Headload Worker” in Section 2(m) of the Kerala Headload Workers Act, 1978, because such persons are considered as person engaged for domestic purposes. Therefore the respondents have no manner of right even to claim the unloading of building WP(C). 25667/11 -3- materials, is the contention. 4. Inspite of service of notice from this court there is no appearance for respondents 3 to 5. Considering the untraversed allegations raised in the writ petition, we are of the view that the respondents 3 to 5 have no manner of right to create any physical obstructions demanding the unloading works or the construction works of the petitioner. 5. We therefore dispose of the writ petition directing the 1st respondent to afford adequate police protection to the petitioner for unloading of building materials brought to the construction site and for carrying out the construction works, with workers of his own choice, not being obstructed in any manner by respondents 3 to 5 or anybody claiming under them. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-