IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 35248 of 2007(U) -------------------------- PETITIONER: ------------ SUBAIDA BEEVI, BP 9/797, NAZEEMA MANZIL, SREEKARIYAM POTHENCODE ROAD, POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI SRI.JOSEPH T.JOHN RESPONDENTS: ------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM. 3. THE SUB INSPECTOR OF POLICE, POTHENCODE. 4. C.I.T.U, REPRESENTED BY ITS SECRETARY POTHENCODE UNIT, POTHENCODE POST, THIRUVANANTHAPURAM. 5. I.N.T.U.C, REPRESENTED BY ITS SECRETARY POTHENCODE UNIT, POTHENCODE POST, THIRUVANANTHAPURAM. 6. BHARATHIYA MAZDUR SANGHAM (B.M.S) REPRESENTED BY ITS SECRETARY POTHENCODE UNIT, POTHENCODE POST, THIRUVANANTHAPURAM. BY ADV. SMT.AYSHA YOUSEFF FOR R4,5,6 SMT.MOLLY JACOB FOR R4,5,6 SRI.RENI ANTO KANDAMKULATHY FOR ADDL.RES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 35248/07 APPENDIX EXT.P1 TRUE COPY OF THE JUDGMENT DT.25.10.1989 IN OP NO.8623/89 EXT.P2 TRUE COPY OF THE REPRESENTATION DT.15.11.2007 FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE RESPONDENTS' EXHIBITS EXT.R4(a) TRUE COPY OF THE NOTIFICATION GO(RT)NO.2722/2000/LBR DT.26.7.2000 EXT.R4(b) TRUE COPY OF THE IDENTITY CARD ISSUED TO R4 EXT.R4(c) TRUE COPY OF THE NOTICE ISSUED BY THE CHAIRMAN THIRUVANANTHAPURAM KERLA HEADLOAD WORKERS WELFARE FUND LOCAL COMMITTEE TO THE PETITIONER'S HUSBAND TRUE COPY PA TO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.35248 of 2007-U -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioner is a dealer in steel and cement. For doing the loading and unloading work in her establishment, she has got her own workmen. But, respondents 4 to 6 are causing obstruction, claiming work for the members of those unions. Therefore, the petitioner moved the police seeking protection by filing Ext.P2 representation. Since the police did not take any action, this Writ Petition is filed, seeking appropriate reliefs. 2. The unions as well as the Headload Workers Welfare Board submit that the area in question is a scheme covered are and therefore, the petitioner is bound to engage the workmen from the local pool, unless she has got registered headload workers attached to her shop. 3. Heard the learned counsel on both sides. Going by Ext.R4(a) gazette notification datd 26.07.2000, it is seen that Pothencode panchayat is a scheme covered area. The petitioner's shop is admittedly in Pothencode panchayat. In view of the above position, no relief can be granted to her. Accordingly, the Writ Petition is dismissed. WPC 35248/07 2 K.BALAKRISHNAN NAIR,JUDGE 03.06.2008 M.C.HARI RANI, JUDGE sta WPC 35248/07 3