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Kerala High Court
Rakesh vs Station House Officer on 23 December, 2025
2025:KER:98822
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 23RD DAY OF DECEMBER 2025 / 2ND POUSHA, 1947
WP(C) NO. 48137 OF 2025
PETITIONER:
RAKESH,
AGED 43 YEARS, SON OF VIJAYAN,
LAKSHMI NIVAS, MADATHARA, KADAKKAL,
THIRUVANANTHAPURAM, PIN - 691541
BY ADV SMT.ATHIRA A.MENON
RESPONDENTS:
1 STATION HOUSE OFFICER,
THENMALA POLICE STATION, KOLLAM DISTRICT,
PIN - 691001
2 THE CHAIRMAN,
KOLLAM DISTRICT COMMITTEE, USHAS BUILDING, NEAR
STONE BRIDGE, CHAMMAKADA, KOLLAM, PIN - 691001
3 C.P. RAJAN,
CONVENER, INDIAN NATIONAL TRADE UNION CONGRESS
(INTUC), ANAPETTAKONGAL, EDAMON, KOLLAM,
PIN - 691307
4 V. ASHOKAN,
CONVENER, ALL INDIA TRADE UNION CONGRESS (AITUC),
ANAPETTAKONGAL, EDAMON, KOLLAM, PIN - 691307
5 V. SANTHOSH KUMAR,
CONVENER, CENTRE OF INDIAN TRADE UNIONS (CITU),
ANAPETTAKONGAL, EDAMON, KOLLAM, PIN - 691307
WP(C) NO. 48137 OF 2025
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2025:KER:98822
6 HARI,
CONVENER, BHARATHIYA MASTHUR SANGH (BMS),
ANAPETTAKONGAL, EDAMON, KOLLAM, PIN - 691307
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 48137 OF 2025
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2025:KER:98822
S. MANU, J.
-----------------------------------------------
WP(C) No. 48137 of 2025
-----------------------------------------------
Dated this the 23rd day of December, 2025
JUDGMENT
Heard the learned counsel for the petitioner, learned
Government Pleader, learned standing counsel for the 2 nd
respondent and the learned counsel appearing for the 6 th
respondent.
2. It is submitted by the learned standing counsel for
the 2nd respondent that the area is not scheme covered. If the
area is not scheme covered, the petitioner is entitled to carry
out the work by employing labourers of his choice. It is seen
that an effort for conciliation was initiated by the Assistant
Labour Officer and the same failed. It is pointed out by the
learned counsel for the petitioner that the petitioner is bound to
complete the work on or before 31.03.2026.
3. In the above facts and circumstances, I allow this
writ petition by directing the 1st respondent to provide adequate
protection to the petitioner to carry out the work under Ext.P1
by employing labourers of his choice without any obstruction
WP(C) NO. 48137 OF 2025
2025:KER:98822
from respondents 3 to 6 or anyone under them.
The writ petition is disposed of with the above
direction.
Sd/-
S.MANU
JUDGE
ASH
WP(C) NO. 48137 OF 2025
2025:KER:98822
APPENDIX OF WP(C) NO. 48137 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED
21.10.2025 EXECUTED BY THE PETITIONER
WITH THENMALA FOREST DIVISION
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED
30.09.2025 EXECUTED BETWEEN THE
PETITIONER AND THE RESPONDENTS 3 TO 5
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
03.11.2025 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE
THENMALA POLICE STATION IN RESPECT OF
THE SAID COMPLAINT ON 03.11.2025
Exhibit P5 TRUE COPY OF THE COMPLAINT PREFERRED BY
THE PETITIONER TO THE ASSISTANT LABOUR
OFFICER, PUNALUR ON 07.11.2025
Exhibit P6 TRUE COPY OF THE MINUTES OF THE MEETING
DATED 11.11.2025
