IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 29817 of 2010(B) ------------------------------------- PETITIONER(S): --------------------- 1. VEGETABLE AND FRUIT PROMOTION COUNCIL, KERALAM, MULLURKARA VILLAGE THALAPPILLY THALUK, THRISSUR DISTRICT, REPRESENTED BY ITS PRESIDENT BHASKARAN, AGED 55 YEARS,S/O.VELAYUDHAN, 'NJARAYANKUNNATHU' MULLURKARA, POST ADOOR, THRISSUR. 2. SURENDRAN C.S., AGED 53 YEARS, S/O.SANKARA NARAYANAN, CHEENIKKAL HOUSE, POST MULLURKARA, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR, COLLECTORATE, AYYANTHOL, THRISSUR-680001. 2. THE CIRCLE INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT-680582. 3. THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT-680582. 4. THE PRESIDENT, HEADLOAD WORKERS UNION (INTUC), MULLURKARA PANCHAYATH, POST MULLURKARA, THALAPPILLY THALUK, THRISSUR DISTRICT-680583. 5. THE SECRETARY, HEADLOAD WORKERS UNION (CITU), MULLURKARA PANCHAYAT, POST MULLURKARA, THALAPPILLY THALUK, THRISSUR DISTRICT-680583. 6. THE SECRETARY, HEADLOAD WORKERS UNION (STU), MULLURKARA PANCHAYATH, POST MULLURKARA, THALAPPILLY THALUK, THRISSUR DISTRICT-680583. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M.CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29817 OF 2010-B PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE JUDGMENT DATED 11.12.2001 IN OP 25058/2001. EXT.P2. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT WITH COPIES TO THE RESPONDENTS 1 AND 2. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.29817 of 2010-B ---------------------------------------------- Dated, this the 9th day of December, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or other appropriate writ, order or direction to respondents 1 to 3 to give adequate police protection to the petitioners and the member farmers of the Ist petitioner from interference by respondents 3 to 6, its members or any other person in the unloading and loading of agricultural and horticultural produce inside their Swashraya Karshaka Vipani at Mullurkara and for transport of produce to and out of the Vipani; ii) to declare that respondent 4 to 6 unions, their members or others have no right to obstruct or cause any inconvenience to the work in the vipani or the member farmers of the first petitioner. iii) to declare that the member farmers of the first petitioner are entitled to employ workers of their choice for their transport of materials and unloading in their own vipani.” 2. Briefly put, the case of the petitioners is as follows: There is allegation of obstruction by respondents 4 WPC 29817/2010 -2- to 6 in the loading and unloading work. 3. Though served there is no appearance for respondents 4 to 6. We heard the learned counsel for the petitioners and learned Government Pleader. We have already passed an interim order dated 30.11.2010. We dispose of the writ petition by making the interim order absolute. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS