IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 565 of 2011(U) -------------------------------------- PETITIONER(S): ------------------------ SILVY BIJU, W/O.BIJU, AGED 37, PROPRIETRIX-ST.ANTONY'S CEMENT BRICKS BUILDING NO.8/32B, MULAKKULAM PANCHAYATH, IRUMBAYAM P.O., KOTTAYAM. BY ADVS. SRI.G.KRISHNAKUMAR SRI.P.H.SHAJI SRI.TITTO THOMAS RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, VELLOR,KOTTAYAM DISTRICT. 686 001. 2. KUNJUMON, S/O.MATHAI, AGED 35, CONVENOR-C.I.T.U, KALLARAKUZHIYEL (IRUTTUKUZHIYIL), KARIKKODE P.O., KOTTAYAM DIST. 686 001. 3. JOBISH, S/O.FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED 23, KALLARAKUZHIYIL (IRUTTUKUZHIYIL), KARIKKODE P.O., KOTTAYAM DIST. 686 001. 4. JOY, S/O.LUKOSE, AGED 44, KADUVAKKUZHIYIL, JAATHIKKAMALAYIL COLONY, KARKKODU P.O., KOTTAYAM DIST. 686 001. 5. SUPERINTENDENT OF POLICE, O/O. THE SUPERINTENDENT OF POLICE, KOTTAYAM.686 001. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY- HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 691 001. BY GOVT. PLEADER SRMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.565/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE DTD. 16.7.2010 ISSUED BY THEMANAGER DISTRICT INDUSTRIES CENTRE, KOTTAYAM. P2:- COPY OF THE LICENSE DT.D 8.7.2010 ISSUED BY THE MULAKKULAM GRAMAPANCHAYATH. P3:- COPY OF THE COMPLAINT DTD. 29.12.2010 FILED BEFORE IST RESPONDENT. P4:- COPY OF THE IDENTITY CARD ISSUED TO BIJU FROM THE A.L.O. VAIKAM. P5:- COPY OF THE IDENTITY CARD ISSUED TO TOMY FROM THE A.L.O. VAIKAM. P6:- COPY OF THE IDENTITY CARD ISSUED TO SIJI TOMY FROM THE A.A.L.O.VAIKAM. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.565 of 2011 ---------------------------------------------------- Dated this the 21st day of January, 2011 Judgment BASANT, J. The petitioner has come to this court with this petition under Article 226 of the Constitution for issue of directions to respondents 1, 5 and 6 to afford police protection to the petitioner to get the work of loading and unloading done by registered employees employed by her against the illegal obstruction by respondents 2 to 4. 2. According to the petitioner, she runs a small scale industrial unit manufacturing hollow bricks by name 'M/s.St. Antony's Cement Bricks'. There is work of loading and unloading in her establishment. The establishment is situated in an area which is not covered by any Scheme formulated under the Kerala Head Load Workers Act or Rules. However, the petitioner has registered three workmen, i.e., her husband, brother and sister-in-law as per Exts.P4 to P6. The petitioner, in these circumstances, is entitled to get the work of loading and unloading done in her establishment by employing the persons WPC 565/2011 2 mentioned in Exts.P4 to P6. Respondents 2 to 4 have no right to object or obstruct the work done by them. They are illegally resorting to such objection or obstruction. It is, in these circumstances, prayed that necessary directions be issued. 2. Respondents 2 to 4 have entered appearance through Adv.Smt.Anila Peter. Vakalath is being filed today, it is submitted. Counsel submits that respondents 2 to 4 have no intention whatsoever to object or obstruct the work of loading and unloading in the establishment of the petitioner being done by the holders of Exts.P4 to P6 identity cards. The apprehension is unjustified. It is not necessary to issue any directions under Article 226 of the Constitution now, submits the learned counsel for respondents 2 to 4. 3. Learned counsel for the petitioner submits that though such submissions made, there was, in fact, objection and obstruction. In these circumstances, counsel presses for a positive and specific order to afford police protection invoking the power under Article 226 of the Constitution notwithstanding the stand taken by the counsel for respondents 2 to 4. 4. The learned Government Pleader after taking instructions WPC 565/2011 3 submits that respondents 1, 5 and 6 shall afford protection to the petitioner in the event of any unjustified objection or obstruction to the work of loading and unloading being done in the establishment of the petitioner by the holders of Exts.P4 to P6 cards. We are, in these circumstances, satisfied that no further specific directions are necessary. 5. This writ petition, in these circumstances, is allowed in part to the extent indicated above. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. srd WPC 565/2011 4