IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27368 of 2011(U) -------------------------------- PETITIONER(S): ----------------- SRI.ALLEN MENDEZ, AGED 40, S/O MARCELLINE MENDEZ, ALLEN VILLA, ANANYA NAGAR, PUNNATHALA, THIRUMULLAVARAM P.O., KOLLAM. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S): ------------------- 1. DISTRICT POLICE CHIEF, KOLLAM-691012 2. CIRCLE INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM.-691012 3. SUB INSPECTOR OF POLICE, WEST POLICE STATION, KOLLAM.-691012 4. A.M.IQBAL, SECRETARY, KOLLAM DISTRICT LOADING & UNLOADING GENERAL WORKERS UNION, CENTRE OF INDIAN TRADE UNION (CITU), KOLLAM - 691012. 5. KUTTAPPAN, CONVENOR, KAVAL, THANKASSERI WEST, CENTRE OF INDIAN TRADE UNION (CITU), KOLLAM- 691 012. 6. S. NAZAR, GENERAL SECRETARY, KOLLAM DISTRICT HEADLOAD GENERAL WORKERS UNION, INDIAN NATIONAL TRADE UNION OF CONGRESS (INTUC), KOLLAM - 691012. 7. RAJU, CONVENOR, KAVAL, THANKASSERI UNIT, INDIAN NATIONAL TRADE UNION OF CONGRESS (INTUC) KOLLAM - 691012 8. RADHAKRISHNAN, GENERAL CONVENOR, BHARATHEEYA HEAD LOAD & GENERAL WORKERS UNION, BHARATHIYA MASDOOR SANGH (BMS), KOLLAM - 691012. WP(C).No. 27368 of 2011(U) -2- 9. MATTI RAJU, CONVENOR, THANKASSERI, KAVAL, BHARATHIYA MASDOOR SANGH (BMS) KOLLAM - 691012. SR. GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27368 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE BUILDING PERMIT DATED 17/05/11 ISSUD BY KOLLAM CORPORATION. EXT.P2:- TRUE COPY OF THE PETITION FILED BFORE THE 3RD RESPONDENT DATED 29/09/11. EXT.P3:- TRUE COPY OF THE RECEIPT GIVEN FROM THE OFFICE OF THE 3RD RESPONDENT FOR THE COMPLAINT DATED 30/09/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.27368 of 2011 ------------------------------------------------ Dated this the 21st day of October, 2011 JUDGMENT Abdul Rehim, J This Writ Petition seeking police protection is filed on the premise that the respondents 4 to 9 trade unions are causing obstruction by trespassing into the petitioner's property and preventing the construction works of his residence conducted therein. According to the petitioner the construction works is conducted in a property having an extent of 3.175 Ares situated in Re-Sy No.49/1 of Kollam West Village, on the strength of Ext.P1 Building Permit issued by the Kollam Corporation. Allegation is that members of the respondents 4 to 9 are causing obstruction to the unloading of building materials brought to the site, demanding huge amount for un-loading of such materials. Learned counsel for the petitioner pointed out the definition of 'Headload Worker' under Section 2(m) of the Kerala W. P. C. No.27368 of 2011 -2- Headload Worker's Act, in order to contend that the persons engaged for domestic purposes and for construction, repair or maintenance of houses are outside the purview of the said definition. Therefore, it is contended that the petitioner is entitled to do such works by employing workers of his own choice. Hence it is contended that the action on the part of respondents 4 to 9 is totally illegal and highhanded. Grievance of the petitioner is that, inspite of Ext.P2 complaint submitted before the 3rd respondent, no effective steps was taken to remove the illegal obstructions and to afford protection. 2. Inspite of service of notice from this court the party respondents have not chosen to enter appearance to contest the case. We find force in the arguments based on the legal position. We do not find any basis for the claim raised by respondents 4 to 9 and to find that there is any manner of right vested on them to create physical obstructions. 3. Therefore, we dispose of this Writ Petition directing respondents 2 and 3 to take effective steps to remove W. P. C. No.27368 of 2011 -3- obstructions if any caused to the construction works of the residential building of the petitioner, including the loading- unloading works therein, and to take effective steps to afford protection in case such obstructions continues. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-