IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26233 of 2011(D) -------------------- PETITIONER(S): ------------------------ 1. SUHARA, AGED 40 YEARS, W/O.HAMZA, CHOLOTH HOUSE, MUNDEKKARAD, POOKKUNNU DESOM, MANNARKAD VILLAGE. 2. ZEENATHUL FOUSIYA, AGED 35 YEARS, W/O.ABOOBACKER SIDDIQUE, CHOLOTH HOUSE, MUNDEKKARAD, POOKKUNNU DESOM, MANNARKAD VILLAGE. BY ADVS. SRI. ESM.KABEER SMT.M.R.JAYALATHA SMT.P.DEEPA MOHAN SRI.ABDUL MAJEED.N RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, MANNARKAD - 678 582. 2. SUB INSPECTOR OF POLICE, MANNARKAD-678 582. 3. THE HEAD LOAD AND GENERAL WORKERS UNION, COMMUNIST PARTY INDIAN TRADE UNION, REPRESENTED BY ITS SECRETARY, VASU, MELAMURI UNIT, THENKARA P.O.-687 761, VIA MANNARKAD, PALAKKAD DISTRICT. 4. CHUMATTU MASDOOR SANGHAM, (BHARATHEEYA MAZDOOR SANGHAM), REPRESENTED BY RAJAN, SECRETARY, MELAMURI UNIT, MELAMURI, THENKARA P.O.-678 761, VIA MANNARKAD, PALAKKAD DISTRICT. ...2/- WP(C).No. 26233 of 2011(D) -2- 5. INDIAN NATIONAL TRADE UNION CONGRESS, MELAMURI UNIT, REPRESENTED BY ITS SECRETARY KOOMANCHERI HAMZA, MELAMURI, THENKARA P.O.-678 761, MANNARKAD, VIA PALAKKAD DISTRICT. R1 & R2 BY GOVT. PLEADER SMT. K.T. LILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26233 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE LICENCE DATED 30/6/2011 ISSUED BY THE SECRETARY, THENKARA GRAMAPANCHAYATH INFAROUR OF THE 1ST PETITIONER. EXHIBIT P2: TRUE COPY OF THE SANITARY CERTIFICATE VALIED UPTO 31/3/2012 IS ISSUED BY THE HEALTH INSPECTOR, PUBLIC HEALTH CENTRE, KUMARAMPUTHUR. EXHIBIT P3: TRUE COPY OF CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 18/6/2011. EXHIBIT P4: TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT WITH COPY OF TO THE 2ND RESPONDENT DATED 26/9/2011. EXHIBIT P5: TRUE COPY OF THE RECEIPT SHOWING THE SUBMISSION OF EXHIBIT P4 PETITION BEFORE THE 1ST RESPONDENT DATED 26/9/2011. EXHIBIT P6: TRUE COPY OF THE RECEIPT SHOWING THE SUBMISSION OF EXHIBIT P4 PETITION BEFORE THE 2ND RESPONDENT 26/9/2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 26233 of 2011 ----------------------------------------------- Dated this the 13th day of October, 2011 J U D G M E N T Abdul Rehim, J. The petitioners are conducting a Poultry Farm at Melmuri in Palakkad District in a property having an extent of 2 Acres 50 cents situated in Mannarkad Village, after obtaining all the requisite licences and permits from various authorities concerned. According to the petitioners, they have got their own permanent workers for doing the works in the Poultry Farm and in the property in question, including the loading and unloading works. Grievance voiced is that the respondents 3 to 5 Unions and their men are causing physical obstructions to the works in the Poultry Farm and in the property, and is not permitting the petitioners to engage their own workers for such works. According to the petitioner, the scheme formulated under WP(C).26233/11 -2- the Kerala Headload Workers Act has not been implemented in the area in question and that the members of respondents 3 to 5 Unions have no manner of right to claim the works under the petitioners. It is stated that, inspite of Ext.P4 complaint submitted to the 2nd respondent, no steps has been taken to remove the obstructions or to afford protection. Hence this writ petition is filed. 2. Inspite of service of notice from this court, nobody enters appearance on behalf of respondents 3 to 5 and they have not chosen to contest the writ petition. Learned Government Pleader, on the basis of instructions received, submitted that, upon receipt of Ext.P4 complaint the 2nd respondent made enquiries and warned the respondents 3 to 5 not to create any physical obstructions. 3. Under the above mentioned circumstances we dispose of the writ petition directing the 2nd respondent to WP(C).26233/11 -3- take effective steps to remove physical obstruction if any caused to the works carried out by the petitioners in their Poultry Farm and the property, by engaging their own workers. If any intimation is received from the petitioners against continuation of any such obstructions, necessary protection shall be afforded. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-