IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 33919 of 2009(H) -------------------------- PETITIONER(S): ----------------------- JOHNSON V.J., AGED 44,S/O.V.I.JOSEPH,VETTIKKAPRAMBIL HOUSE, MANNATHUR,MANNATHUR P.O.,NAVOLIMATTOM, PAMBAKUDA,ERNAKULAM. BY ADV. SRI.K.G.SARATHKUMAR SRI.S.RAJKUMAR RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, RAMAMANGALAM POLICE STATION,RAMAMANGALAM. 2. CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION,PUTHENCRUZ. 3. T.U.RAJU, AGED ABOUT 50,S/O.UNNIATHI,KOLPARA, PAMBAKKUDA-P.O.,NORTH PIRAMADOM, SECRETARY,TIMBER & GENERAL WORKERS UNION,INTUC. 4. M.S.ONAPPAN, AGED ABOUT 60,S/O.SCARIA,MANAKKAKALAYIL, SOUTH PIRAMADOM,PAMBAKKUDA,SECRETARY, TIMBER & GENERAL WORKERS UNION,CITU. 5. BENNY V.U., AGED ABOUT 44,S/O.ULAHANNAN,VETTICHUVATTIL, SOUTH PIRAMADOM,PAMBAKKUDA,SECRETARY, TIMBER & GENERAL WORKERS UNION,KTUC. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.EGY.N.ELIAS FOR R5 SRI.GEORGE SEBASTIAN FOR R5 Adv.K.S.ARUNKUMAR AND ADV.PRABHU MATHEW FOR R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33919 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE AGREEMENT DATED 11/2/2008 EXT.P2: TRUE COPY OF THE TAX RECEIPT NO.4586683 DATED 17/10/2008 ISSUED FROM ONAKKOOR VILLAGE OFFICE. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 20/11/2009 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXT.P4: TRUE COPY OF THE SALE DEED NO.2191/1993 DATED 28/10/1993 OF PIRAVOM SUB REGISTRY. RESPONDENT'S EXHIBITS: EXT.R5A: TRUE COPY OF THE PETITION DATED 21/11/2009 FILED BY THE FIFTH RESPONDENT BEFORE ALO, MUVATTUPUZHA /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C). No.33919 of 2009 -------------------------------- Dated this the 1st day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is filed with the following prayer: “Issue a writ of mandamus appropriate writ or direction directing the respondents 1 and 2 to afford necessary police protection to life and property of petitioner and his workers and to afford necessary protection to cut and remove the rubber trees from the property having an extent of 4 Acre 95 cents in Sy.No.664/3A, 664/2 and 668/1A of Onakkoor Village”. As far as head load works are concerned, petitioner submits that he is prepared to engage workers attached to the unions in the locality. 2. Therefore the writ petition is disposed of with a direction to respondents 1 and 2 to afford necessary protection to the petitioner to carry out the work of cutting trees with his own workers and for engaging workers offered by the respondents 3 to 5 for the head load works. In case no sufficient workers are available with the unions, it will be open to the petitioner to engage his own workers. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn