IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 6656 of 2011(F) ------------------------------------ PETITIONER(S): ------------------------- P.YASODHARAN , S/O.PACHAN USHUS HOUSE, PUTHUMANGALATHU, PONGUMMALA, ITTIVA VILLAGE, KADAKKAL, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): ---------- --------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS, KOLLAM- 691 001. 2. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KADAKKAL PO. PIN 691 536. 3. THE ASSISTANT LABOUR OFFICER, NILAMEL, NILAMEL PO, KOLLAM DISTRICT PIN 691 536. 4. SRI.SUNNY,CONVENOR, HEADLOAD WORKERS UNION, CITU,KUTTIKATTU PO KADAKKAL, KOLLAM DISTRICT PIN 691 536. 5. SRI.KUNJUMON, CONVENOR, HEAD LOAD WORKERS UNION, CITU, CHARIPARAMBU PO, ITTIVA VILLAGE,KADAKKAL KOLLAM DISTRICT PIN 691 536. 6. SRI.THANKAPPAN, CONVENOR, HEAD LOAD WORKERS UNION, AITUC, CHARIPARAMBU PO, ITTIVA VILLAGE,KADAKKAL KOLLAM DISTRICT PIN 691 536. tss W.P.(C) NO.6656/2011 * 7. SRI.THULASEEDHARAN, CONVENOR, HEAD LOAD WORKERS SANGH, BMS, CHARIPARAMBU PO, ITTIVA VILLAGE,KADAKKAL KOLLAM DISTRICT PIN 691 536.*(DELETED) *THE 7TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DTD.14.03.2011 IN IA.4516 OF 2011. 8. SRI.KRISHNANKUTTY, CONVENOR, HEAD LOAD WORKERS UNION, NTUC, CHARIPARAMBU PO, ITTIVA VILLAGE,KADAKKAL KOLLAM DISTRICT PIN 691 536. 9. SRI.PADINJATTATHIL THANKAPPAN, HEAD LOAD WORKERS CONGRESS, INTUC, CHARIPARAMBU PO, ITTIVA VILLAGE,KADAKKAL KOLLAM DISTRICT PIN 691 536. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.6656/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TAX RECEIPT FOR THE PERIOD 2007 ISSUED FROM THE VILLAGE OFFICER, ITTIVA TO THE PETITIONER. P2:- COPY OF THE COMPLAINT DTD. 24.2.2001 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- I.A.No.4516/2011 & WPC No.6656 of 2011 ------------------------------------------- Dated this the 14th March, 2011 ORDER/JUDGMENT Basant, J. I.A.No.4516/2011 The learned counsel for the petitioner prays and accordingly respondent No.7 is deleted from the array of parties at the risk of the petitioner. Writ Petition No.6656/2011 The petitioner has come to this Court seeking issue of directions to respondents 1 to 3 to afford police protection to the petitioner to get the work of slaughter tapping of rubber trees and for cutting and removal of the rubber trees standing in his property. In the course of the proceedings, 7th respondent has been deleted from the array of parties at the risk of the petitioner as service could not be effected on the 7th respondent. 2. According to the petitioner, he is the owner of the rubber plantation and slaughter tapping of rubber trees is to be undertaken in the plantation. After slaughter tapping, wpc No.6656/2011 2 the trees have to be cut and removed. Respondents 4 to 6, 8 and 9 are raising illegal objections/obstructions to the work of slaughter tapping. Petitioners/workers/agents are not permitted to undertake such work. In these circumstances, it is prayed that appropriate directions under Article 226 may be issued. 3. Though respondents 4 to 6 and 8 and 9 have been served, they have not chosen to enter appearance. We must assume in these circumstances that they have no objections against the prayers made in this petition. 4. Learned Government Pleader appears for respondents 1 to 3. Learned Government Pleader after taking instructions from respondents 1 and 2 submits that that in the perception of respondents 1 and 2, there is no threat to the life, person or property of the petitioner from respondents 4 to 6 and 8 to 9 now. The area is not a scheme covered area. There are some labour disputes between the petitioner and some of the unions. No industrial dispute has been raised so far before the third respondent. Necessary protection shall be afforded to the petitioner, if there is any law and order situation. 5. We have considered all the relevant inputs. The 7th wpc No.6656/2011 3 respondent has been deleted from the array of parties. The other party respondents have not chosen to enter appearance. The learned Government Pleader points out that the area is not a scheme covered area and there is no bar against engaging workers of the petitioner for carrying out the work of slaughter tapping and cutting and removal of rubber trees. However, the learned Government Pleader reports that there is a labour dispute between the employer and some workmen. That dispute will certainly have to be resolved in accordance with law. However, we are satisfied that police protection can be afforded to the petitioner. In the total absence of any objection from respondents 4 to 6 and 8 and 9, we are satisfied that the prayer made in this petition can be granted. 6. In the result, a) This petition is allowed in part. Respondents 1 and 2 are directed to afford adequate and sufficient police protection for the petitioner against any obstruction caused by respondents 4 to 6, 8 and 9 to slaughter tapping rubber trees in his property and to cut and remove them. b) We make it clear that this direction is without prejudice to the rights of respondents 4 to 6, 8 and 9 to wpc No.6656/2011 4 demonstrate peacefully for the resolution of labour disputes, if any, and to get the disputes resolved by initiation of conciliation proceedings before the third respondent. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/