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 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 22966 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------- V.S.RAVINDRAN PILLAI,S/O.LATE KUNJAN PILLAI, MANAGING DIRECTOR,M/S.VALLIARA TOURIST COMPLEX(PVT)LTD,REPRESENTING M/S.VALLIARA TOURIST COMPLEX(PVT)LTD,THENGELI, KUTTOOR VIA, THIRUVALLA, AMBALAPPUZHA BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.A.MANOHARAN RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, AMABALAPUZHA POLICE STATION, AMBALAPUZHA-688 561 2. THE SUB INSPECTOR OF POLICE, AMABALPUZHA POLICE STATION, AMBALAPUZHA-688 561 3. THE SECRETARY OF THE BHARATHIYA MASDOOR SANGAM UNION, REPRESENTING THE B.M.S.UNION OF WORKERS, AMBALAPUZHA UNIT, AMBALAPUZHA-688 561 4. THE SECRETARY OF THE CENTRA INDIAN TRADE UNION WORKERS, REPRESENTING C.I.T.U.WORKERS AMBALAPUZHA-688 561 5. THE SECRETARY OF THE ALL INDIA TRADE UNION WORKERS, REPRESENTING THE A.I.T.U.C.UNION AMBALAPUZHA- 688 561 6. THE SECRETARY OF THE INDIAN NATIONAL THOZHILALI UNION CONGRESS WORKERS, I.N.T.U.C.UNION,AMABALPUZHA-688 561 R1 & R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22966 of 2011 --------------------------------- Dated this the 1st day of September, 2011 JUDGMENT Abdul Rehim ,J. Petitioner is the Managing Director of M/s. Valliara Tourist Complex (Pvt) Ltd. engaged in the business of Hotel and Tourism. Petitioner is constructing a Hotel building at Komanal Muri, Ambalapuzha by renovating an existing Hotel and Auditorium. According to the petitioner he has got his own workers engaged for the construction activities. It is complained that respondents 3 to 6 unions are creating physical obstructions to the construction works. It is stated that on an earlier occasion when the Headload Workers of the area created obstructions the petitioner had approached this court in WP(C).No.7631/2011 and this court granted an order of protection. It is alleged that due to vengeance arising because of filing of the said writ petition and obtaining an order of protection, now the respondents 3 to 6 are creating obstructions to the construction activities. It is complained that, inspite of submission of Ext.P2, the respondents 1 and 2 are not taking any steps to avert such obstructions and to afford protection to the construction activities. 2. Inspite of service of notice, respondents 3 to 6 have not WP(C)22966/2011 2 chosen to contest the matter. Learned Government Pleader, on the basis of the instructions received, submitted that on enquiries made with respondents 3 to 6, it was revealed that they are not obstructing the work in any manner. It is conceded that they are not creating any such obstruction and if somebodyelse are causing any sort of obstructions, they have no responsibility. 3. The untraversed statement of the petitioner reveals that the petitioner is doing the construction works by employing his own workers. The respondents 3 to 6 or anybody else have no manner of right to obstruct such work. If there is any such physical obstructions caused to the construction activities, the respondents 1 and 2 should take adequate steps to remove such obstructions and to afford protection for the smooth conduct of the construction works. The writ petition is disposed of with the above directions. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C)22966/2011 3