IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 25361 of 2010 (U) PETITIONER: K.H.MUHAMMED YOOSUF,KOONUPARAMBIL HOUSE, T.B.ROAD, CHANGANACHERRY,AUTHORISED DEALER FOR INDIAN CEMENTS, KEEZHOOR, MULAKULAM PANCHAYAT, THALAYOLAPARAMBU, VAIKOM TALUK, KOTTAYAM DIST. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENTS: 1. AJITH KUMAR, CHANDRAPARAMBIL, KEEZHOOR P.O., THALAYOLAPARAMBU, PIN 686605. 2. SUNIL, KAROTTUPUTHANTHARA, KEEZHOOR P.O., THALAYOLAPARAMBU, PIN 686605. 3. THANKACHAN, MUTHUKULATHIL, KEEZHOOR P.O.,THALAYOLAPARAMBU, PIN 686605. 4. BENNY CHARIYAN, VETTAMKUZHIYIEL, KEEZHOOR P.O., THALAYOLAPARAMBU,PIN 686605. 5. RATHEESH KUMAR, MANNARVELIL, KEEZHOOR P.O., THALAYOLAPARAMBU, PIN 686605. 6. SUB INSPECTOR OF POLICE, VELLOOR, VAIKOM. 7. CIRCLE INSPECTOR OF POLICE, VAIKOM, KOTTAYAM DISTRICT. 8. SUPERINTENDENT OF POLICE, KOTTAYAM. WP(C).No. 25361 of 2010 (U) :: 2 :: 9. KERALA HEADLOAD WORKERS WELFARE BOARD, KOTTAYAM DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN. R10. SAJU N.M., S/O MARKOSE AGED 45 YEARS, NELLIKKUNNEL HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R11. KUTTAI.A.V., S/O YOHANNAN AGED 40 YEARS, ATHIKKATTU HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R12. MATHEW.N.C., S/O CHACKO AGED 40 YEARS, NAYARUKUZHIYIL, KEEZHOOR P.O., THALAYOLAPARAMBU R13. C.V.TOMY, S/O AYGYSTGT VARKEY AGED 38 YEARS, CHITTETH HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R14. ANTONY.P.G., S/O CHACKO AGED 40 YEARS, PEZHADIYIL HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R15. REJI.V.J., S/O OUSEPH AGED 34 YEARS, VARAMATTEL HOUSE KEEZHOOR P.O., THALAYOLAPARAMBU R16. JOSEPH.N.M., S/O MARKOSE AGED 40 YEARS, NELLIKUNNEL HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R17. ABRAHAM .P.C., S/O CHACKO AGED 34 YEARS, PEZHADIYEL HOUSE, KEEZHOOR P.O., THALAYOLAPARAMBU R18. BABU MANI, S/O MANI AGED 34 YEARS, PEZHARUKALAYIL HOUSE KEEZHOOR P.O., THALAYOLAPARAMBU (Respondents 10 to 18 impleaded vide order dated 19-8-2010 in I.A.11842/2010) ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R9 SRI.JAMES MATHEW KADAVAN FOR R10-R-18 SRI.N.NAGARESH FOR R-1,2 & 5 SRI.T.V.VINU FOR R-1,2 & 5 GOVERNMENT PLEADER SRI.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 25361 of 2010 (U) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, Government of Kerala to Jeo Devasis. Ext.P2: True copy of the identity card issued by the Assistant Labour Officer, Labour department, Government of Kerala to Sajimon.M.Y. Ext.P3: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, Government of Kerala to Shaji.M.P. Ext.P4: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, government of Kerala to Roy K Thomas. Ext.P5: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, Government of Kerala to Sabu .V.O. Ext.P6: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, Government of Kerala to Manjo.V. Ext.P7: True copy of the identity card issued by the Assistant Labour Officer, Labour Department, Government of Kerala to Dasan.N.C. Ext.P8: True copy of the complaint filed by the petitioner before the 6th respondent on 4-8-2010. RESPONDENT'S EXHIBITS: Ext.R10(a): True copy of the identity card issued by the Assistant Labour Officer, Vaikom. Ext.R10(b): True copy of the petition filed by the Additional 10th respondent before the Assistant Labour Officer, Vaikom. // True copy // P.A. to Judge A.K.BASHEER & K.M.JOSEPH, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.25361 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of September 2010 JUDGMENT K.M.JOSEPH, J. The prayers in this writ petition are: i) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 6 to 8 to give adequate and effective police protection to the petitioner, his employees and to allow the petitioner for doing the loading and unloading work by the Headload Workers holding Ext.P1 to P7 identity cards without any interference by respondents 1 to 5 or any other persons under them. ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 6 to 8 to give adequate and effective police protection to the life of the petitioner, employees, staff and workers of the petitioner. iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 6 to 8 to ensure that the respondents 1 to 5 or any other person under them are not creating any sort of trouble in front of the petitioner's business shop and they are not obstructing the free ingress and egress of customers and vehicles to the petitioner's shop. iv) to declare that respondents 1 to 5 or any other person under them have no right to interfere with the peaceful functioning of the shop or to interfere with the loading or unloading or any other work within the premises of the shop as long as the petitioner is doing the same by using workers who are registered under Rule 26A of the Headload Workers Rules. 2. Petitioner is a registered dealer under the Kerala Value Added Tax. In connection with his business, he is carrying on the loading and unloading work with the help of registered workers. The case of the petitioner is that respondents 1 to 5 have obstructed the loading and unloading work within the W.P.(C)No.25361 OF 2010 :: 2 :: compound of the petitioner's business premises. 3. Learned counsel appearing on behalf of the 9th respondent/Board would submit that the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme is not applicable to the area where the petitioner's business establishment is situated. 4. We have already passed an interim order. After having heard learned counsel for the parties, we dispose of the writ petition making the interim order dated 12th August, 2010 absolute. This judgment will not stand in the way of the party respondents challenging the issue of registration in favour of the workers, before the appropriate forum. A.K.BASHEER, JUDGE K.M.JOSEPH, JUDGE jes