IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 34843 of 2010(E) ------------------------- PETITIONER : -------------------- K.H.SHAJI, KUZHIMANDAPATHIL HOUSE, EDAVETTY POST, THODUPUZHA. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, PEERUMEDU-685 532. 2. THE SUB INSPECTOR OF POLICE, PERUVAMTHANAM-685 532. 3. BABY MATHEW, KUMBALAMTHANAM HOUSE, PERUVAMTHANAMP.O. -685 532. 4. T.N.MADHUSOODHANAN, MARAVELLIANGAL HOUSE, PALOORKKAVU CENTRAL P.O., PALOORKKAVU-685 532. 5. KHAN C.P., MADATHIL, PERUVAMTHANAM P.O.-685 532. 6. RAJENDRAN, PUTHIYEDATH HOUSE, MUNDAKKAYAM EAST P.O., 35TH MILE -686 513. 7. T.A.THANKACHAN, THEKKANAM POYIKAYIL HOUSE, PERUVAMTHANAM P.O.-685 532. 8. P.C.THOMAS, PALUKUNNEL HOUSE, PALOORKKAVU CENTRAL P.O.-685532, PALOORKKAVU. ...2/- WP(C).No. 34843 of 2010(E) -2- 9. N.H.ASHRAF, NARAKATHILKATTIL HOUSE, PERUVANTHANAM P.O.-685532. 10. SAJIMON, VETTIYAMKAL HOUSE, KANAYANKAVAYAL P.O., KANAYAMKAVAYAL-685 532. 11. K.J.SCARIA, KANIYAMPARAMBIL HOUSE, PERUVAMTHANAM POST, PIN-685 532. 12. K.K.BASHEER, KANGAZHAPARAMBIL HOUSE, PERUVAMTHANAM P.O., PIN-685 532. *ADDL. R13 IMPLEADED 13. KERALA HEAD LOAD WELFARE BOARD, IDUKKI DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN *ADDL. R13 IS IMPLEADED AS PER ORDER DATED 30.11.2010 IN I.A. NO.16671/10. R1 & R2 BY GOVT. PLEADER SMT. CHARISHMA R13 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/- WP(C).No. 34843 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AGREEMENT DATED 14.8.2010 BY THE PETITIONER. EXT.P2 : COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND RESPONDENTS 3 TO 12. EXT.P3 : COPY OF THE NOTICE. EXT.P4 : COPY OF THE PETITION DATED 12.11.2010 BY THE PETITIONER. EXT.P5 : COPY OF THE RECEIPT DATED 13.11.2010 BY THE OFFICE OF THE 1ST RESPONDENT. EXT.P6 : COPY OF THE RECEIPT DATED 13.11.2010 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.34843 of 2010 ------------------------------------------- Dated this the 13th January, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with a prayer to issue directions under Article 226 of the Constitution to respondents 1 and 2 to afford adequate and effective police protection for him to carry on his activity of removing slaughter tapped rubber trees under Ext.P1, without any obstruction or interference from respondents 3 to 12. Later, additional 13th respondent - the Kerala Headload Workers Welfare Board, Idukki District Committee was also arrayed as a respondent. All the respondents have been served, but there is no appearance for the party respondents. 2. On 30.11.2010, when the matter came up for hearing, after hearing the parties who have appeared, the Bench had passed the following interim direction. “Learned counsel for the additional 13th respondent submits that the scheme is not applicable in the area in question. There will be an interim order directing the 2nd respondent to afford protection to the petitioner and his workers to carry out the activity of felling the slaughter tapped rubber trees pursuant to Ext.P1 agreement and for bringing those trees to the spot where it is stocked without there being WPC No.34843/2010 2 any interference from respondents 3 to 12 for ten days.” The said interim orders have been extended from time to time till now. 3. Today, when the matter came up for hearing, we note that the party respondents have not entered appearance. The learned counsel for the 13th respondent repeats the submission that the area in question is not covered by the scheme. The learned counsel for the additional 13th respondent as also the learned Government Pleader submit that the interim order can now be made absolute and further proceedings discontinued. The learned counsel for the petitioner is also amenable to that course. 4. This petition is in these circumstances allowed to the above extent. The interim order dated 30.11.2010 extracted above is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/