Kerala High Court
M.K. John vs Circle Inspector Of Police on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO.8002 OF 2022
PETITIONERS :-
1 M.K.JOHN, AGED 77 YEARS
S/O.T.G.UMMAN, T.J.BHAVAN, THRIPALAZHIKATHUMURI,
EZHUKON, KOTTARAKKARA, KOLLAM DISTRICT - 691 505.
2 SHIBU
S/O.VISWAMBARAN, SHINU BHAVAN, MANALIL P.O.,
AYRENELLOOR, ANCHAL, KOLLAM DISTRICT - 691 312.
BY ADV R.KRISHNAKUMAR (CHERTHALA)
RESPONDENTS :-
1 CIRCLE INSPECTOR OF POLICE
PUNALUR POLICE STATION, PUNALUR,
KOLLAM DISTRICT - 691 305.
2 SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA,
OFFICE OF THE SUPERINTENDENT OF POLICE,
KOTTARAKKARA - 691 506.
3 DEPUTY LABOUR OFFICER
LABOUR OFFICE, PUNALUR - 691 305.
4 KERALA STATE HEADLOAD WORKERS WELFARE BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER, II FLOOR,
USHUS BUILDING, NEAR STONE BRIDGE, CHAMAKKADA,
KOLLAM - 691 001.
5 SOMARAJAN
HEADLOAD WORKERS UNION (CITU),
AYANIKKODU - KUNJANDI MUKKU UNIT,
KUDAVETTOR PUTHEN VEEDU, VENCHEMBU P.O.,
NEDUMALA, KARAVALOOR, PUNALUR, KOLLAM - 691 333.
6 ANIL, CONVENOR, HEADLOAD WORKERS UNION (AITUC)
AYANIKKODU - KUNJANDI MUKKU UNIT,
MANGALATHI VADAKKETHIL VEEDU, VENCHEMBU P.O.,
KARAVALOOR, PUNALUR, KOLLAM - 691 333.
7 ANIRUDHAN NAIR
CONVENOR, HEADLOAD WORKERS UNION (INTUC),
WP(C) NO.8002 OF 2022
-: 2 :-
AYANIKKODU- KUNJANDI MUKKU UNIT, MANJU VILASOM,
VENCHEMBU P.O., AYANIKKODU KARAVALOOR, PUNALUR,
KOLLAM - 691 333.
BY ADVS.
K.SIJU
MANOJ RAMASWAMY
S.KRISHNAMOORTHY
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8002 OF 2022
-: 3 :-
JUDGMENT
Dated this the 16th day of March, 2022
This writ petition is filed seeking the following reliefs :-
"a) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents No.1 and 2
to provide adequate and effective police protection to the
petitioners and the workers of their choice to cutting,
removing, loading and unloading of about 700 rubber
trees from the property of the 1st petitioner, details of
which is shown in Ext.P1, without any obstruction from
the respondents No.5 to 7 or the workers under them.
b) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the 1st respondent to prevent
the respondents No.5 to 7 and their workers from
entering into the property of the 1st petitioner and to see
that no obstruction will be caused by anybody in respect
of cutting, removal and loading/unloading of 700 rubber
trees standing in the property of the 1st petitioner.
c) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the 2nd respondent to take
prompt action on Ext.P3 within a time frame fixed by this
Hon'ble Court."
2. Heard the learned counsel for the petitioners, the
learned Government Pleader, Sri.Siju Kamalasanan, the learned
Standing Counsel appearing for the 4 th respondent as well as
Sri.Manoj Ramaswamy, the learned counsel appearing for the 6 th
respondent. Though notice was served on respondents 5 and 7 by
Special Messenger, there is no appearance today on behalf of the
said respondents.
WP(C) NO.8002 OF 2022
3. The learned Standing Counsel appearing for the 4 th
respondent submits that the area in question is not a scheme
covered area.
4. The learned counsel appearing for the 6 th respondent
submits that the 6th respondent is not obstructing the loading and
unloading activity carried out by the petitioners.
5. The learned Government Pleader submits, on
instructions, that there is a dispute with regard to the issues
between respondents 5 to 7 and that the same is pending before
the Assistant Labour Officer, Punalur.
6. It is the specific contention raised by the petitioners that
the area in question is not a scheme covered area and that the
petitioners have their own workers for the loading and unloading
activities. A dispute with regard to issues between respondents 5
to 7 cannot be a reason for causing any obstruction to lawful
activities carried out by the petitioners especially in view of the
fact that it is not a scheme covered area. The issue with regard to
the labour disputes shall be considered by the Assistant Labour
Officer and Conciliation Officer in accordance with law.
7. The learned counsel appearing for the 6 th respondent
submits that the 6th respondent does not intend to obstruct any
loading and unloading activity being carried out by the petitioners.
WP(C) NO.8002 OF 2022
It is further submitted by the learned counsel appearing for the 6 th
respondent that the members of the 6th respondent are ready and
willing to carry out the activities, if engaged by the petitioners.
Subject to orders, if any, to be passed by the Assistant
Labour Officer in the disputes between respondents 5 to 7, the
petitioners shall be permitted to carry out the loading and
unloading activity with their own workers, in accordance with law.
In case there is any obstruction caused by respondents 5 to 7, the
petitioners may approach the Station House Officer, who shall
afford adequate protection to the petitioners.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/19.3.2022
WP(C) NO.8002 OF 2022
APPENDIX OF WP(C) 8002/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY
THE VILLEGE OFFICER, KARAVALLOOR VILLAGE DATED
28/04/2021 TO THE 1ST PETITIONER.
Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONERS BEFORE THE 1ST RESPONDENT DATED
28/02/2022.
Exhibit P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT DATED
03/03/2022.
Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONERS BEFORE THE 3RD RESPONDENT DATED
03/03/2022.
