IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 16042 of 2008(I) --------------------------------------- PETITIONER: --------------------- DON BOSCO, S/O.LAWRENCE, CHEERANKODU THALAKKAL VEEDU, KARIPOORU (P.O.), NEDUMANGAD, TRIVANDRUM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. RESPONDENTS: ------------------------- 1. SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, VITHURA, TRIVANDRUM DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, PALODE POLICE STATION, PALODE, TRIVANDRUM DISTRICT. 3. JNANASEELAN, CONVENER, C.I.T.U. UNIT, ANAPPARA, ANAPPARA (P.O), VITHURA, TRIVANDRUM DISTRICT. 4. SATHYAN, CONVENER, I.N.T.U. UNIT, ANAPPARA, ANAPPARA (P.O) VITHURA, TRIVANDRUM DISTRICT. 5. NELSON, CONVENER, A.I.T.U.C. UNIT, ANAPPARA, ANAPPARA (P.O), VITHURA, TRIVANDRUM DISTRICT. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.V.G.ARUN - R3,4,5 SRI.T.R.HARIKUMAR - R3,4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16042/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER ISUSED BY THE ASSISTANT LABOUR OFFIER, 1/06/2005. EXT.P2: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DTD. 2/05/2008. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE IDENTITY CARD OF SRI.A.SURESH. EXT.R3(B): COPY OF THE IDENTITY CARD OF SRI.T.VISWAMBHARAN. EXT.R3(C): COPY OF THE IDENTITY CARD OF SRI.GJANASEELAN. EXT.R3(D): COPY OF THE FAIR WAGES TABLE. EXT.R3(E): OCPY OF THE VOUCHER DTD. 5/04/2008. EXT.R3(F): COPY OF THE VOUCHER DTD. 25/04/2008. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 16042 OF 2008 ============================ DATED THIS THE 26TH DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. This Court, after hearing the petitioner and the learned Government Pleader, passed an interim order on 9-6-2008. Now respondents 3 to 5 have filed a counter affidavit contending, inter alia, that it is a scheme covered area and, therefore, in the absence of the registered headload workers, the petitioner is not entitled to engage his own workmen. The petitioner's right to hold the property is also collaterally attacked by saying that the transfer of property in favour of the petitioner is hit by Section 4 of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands), Act, 1975. Other contentions are also raised. The learned counsel for the petitioner disputes the above submissions. He reiterates his contention that he is doing an agricultural operation and the provisions of the Headload Workers Act are not applicable to the same. 2. It is made clear that all the contentions of the party respondents in the counter affidavit are left open. They may urge the WPC.16042/2008 -2- same before the appropriate forum. The petitioner will also be free to raise all his contentions regarding the averments in the counter affidavit. With the above clarification, the writ petition is disposed of maintaining the interim order passed by this Court on 9-6-2008. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.