Thajudeen vs Superintendent Of Police (Rural)
2021 Latest Caselaw 12726 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
                  WP(C) NO. 6877 OF 2021


PETITIONERS:

    1    THAJUDEEN, AGED 58 YEARS,
         S/O.YUNUS, SHAMLA MANZIL,
         VAYAKKAL P.O., KOTTARAKARA,
         KOLLAM DISTRICT.

    2    RAVEENDRAN, AGED 71 YEARS,
         S/O.PADMABABHAN, SREESAILAM,
         AYILARA KARA, EROOR VILLAGE,
         PUNALUR, KOLLAM DISTRICT.

    3    SAJINI, D/O.SAHI, NIRMALYAM,
         AYIRANALLOOR VILLAGE,
         KOLLAM DISTRICT.

    4    SANTHA, D/O.KARUMBI, SYAM NIVAS,
         AYIRANALLOOR VILLAGE, KOLLAM DISTRICT.

         BY ADV K.V.ANIL KUMAR


RESPONDENTS:

    1    SUPERINTENDENT OF POLICE (RURAL),
         KOTTARAKARA, KOLLAM DISTRICT, PIN - 691 506.

    2    THE STATION HOUSE OFFICER,
         YEROOR POLICE STATION,
         KOLLAM DISTRICT, PIN - 671 312.

    3    THE CHAIRMAN, KERALA HEAD LOAD WORKERS
         WELFARE FUND BOARD, KOLLAM DISTRICT COMMITTEE,
         2ND FLOOR, USHUS BUILDING, NEAR STONE BRIDGE,
         CHAMAKKADA, KOLLAM DISTRICT, PIN - 691 001.
 WP(C) No.6877/2021
                            :2 :


     4     C.I.T.U., AYIRANALLOOR UNIT,
           REPRESENTED BY ITS CONVENER SRI.BABU,
           AYIRANALLOOR P.O.,
           KOLLAM DISTRICT, PIN - 691 312.

     5     I.N.T.U.C., AYIRANALLOOR UNIT,
           REPRESENTED BY ITS CONVENER SRI.UNNI,
           AYIRANALLOOR P.O.,
           KOLLAM DISTRICT, PIN- 691 312.

     6     A.I.T.U.C., AYIRANALLOOR UNIT,
           REPRESENTED BY ITS CONVENER
           SRI.YASODHARAN, AYIRANALLOOR P.O.,
           KOLLAM DISTRICT, PIN - 691 312.

           R1-R2 BY GOVERNMENT PLEADER SMT.B.VINEETHA
           R3 BY ADV SRI.K.SIJU
           R4 BY ADV.SMT.ANJANA KANNATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.6877/2021
                                   :3 :




                          JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioners have filed this writ petition seeking

to direct the 2nd respondent to afford adequate and effective

police protection to the 1st petitioner and his workmen for

cutting and removing rubber trees situated in the properties of

petitioners 2 to 4 from the threat of respondents 4 to 6 and

their men.

2. The petitioners state that the 1 st petitioner

purchased rubber trees situated in the properties of petitioners

2 to 4 and when the 1 st petitioner and his workers came to the

property, respondents 4 to 6 Unions obstructed the work

claiming that they have the exclusive right for loading and

unloading.

3. The petitioners would contend that the 1 st petitioner

has his own workers to do the work. The area where the work WP(C) No.6877/2021

is done is not an area where the Kerala Headload Workers

Welfare Scheme is operationalised. The efforts of the labour

authorities to amicably settle the issue failed. Thereupon, the

1st petitioner filed complaint before the police and sought

police protection. However, the police is not providing

protection.

4. Heard the learned counsel for the petitioners, the

learned Government Pleader representing respondents 1 and

2, the Standing counsel for the 3 rd respondent and the learned

counsel for the 4th respondent.

5. The 1st petitioner would contend that he has his

own workers to do the requisite work. The 3 rd respondent

stated that the area where the work is to be carried is not

covered by the Kerala Headload Workers (Regulation of

Employment and Welfare) Scheme, 1983.

6. In such a situation, any unionised worker can claim

headload work only if there is an agreement or settlement with

the employer in that regard. No such agreement or settlement

is brought to the notice of this Court. In the circumstances, WP(C) No.6877/2021

respondents 4 to 6 cannot claim the work being carried out by

the 1st petitioner and they cannot be permitted to obstruct the

work of the 1st petitioner.

The writ petition is therefore disposed of directing

the 2nd respondent to afford protection to the 1 st petitioner and

his workmen to cut and remove rubber trees situated in the

properties of petitioners 2 to 4 comprised in Survey No.822/1

of Ayiranalloor Village from the threat of respondents 4 to 6 or

of anyone claiming under them.

Sd/-

N. NAGARESH, JUDGE

aks/07.06.2021 WP(C) No.6877/2021

APPENDIX OF WP(C) 6877/2021

PETITIONERS' EXHIBITS:

EXHIBIT P1              A TRUE COPY OF THE PROPERTY TAX RECEIPT
                        ISSUED   BY    THE   VILLAGE   OFFICER,
                        AYIRANALLOOR DATED 08/07/2020.
EXHIBIT P2              A TRUE COPY OF THE PROPERTY TAX RECEIPT
                        ISSUED   BY    THE   VILLAGE   OFFICER,
                        AYIRANALLOOR DATED 03/04/2012.
EXHIBIT P3              A TRUE COPY OF THE PROPERTY TAX RECEIPT
                        ISSUED   BY    THE   VILLAGE   OFFICER,
                        AYIRANALLOOR DATED 29/06/2020.
EXHIBIT P4              A TRUE COPY OF THE AGREEMENT DATED

22/01/2021 BETWEEN THE PETITIONERS 3 & 4 WITH THE 1ST PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE COMPLAINT DATED 27/02/2021 BEFORE THE 2ND RESPONDENT AND ITS RECEIPT.

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