High Court of KeralaWP(C)/36410/2015disposed of

Udayakumar v. Superintendent Of Police

2015-12-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 ---------------------------- PETITIONER :

---------------- UDAYAKUMAR, AGED 48 YEARS S/O. KUNJU KRISHNA PILLAI, RESIDING AT PERUMAN HOUSE KALLYAL P.O., KOTTOR, MANNUKARA VILLAGE KATTAKADA, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.M.R.SASITH RESPONDENTS :

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1. SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL-695 001.

2. SUB INSPECTOR OF POLICE NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM-695 001.

3. ASSISTANT LABOUR OFFICER ASSISTANT LABOUR OFFICE, NEDUMANGAD THIRUVANANTHAPURAM-695 001.

4. DISTRICT LABOUR OFFICER LABOUR BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM.

5. KERALA HEAD LOAD WORKERS WELFARE FUNDS BOARD THIRUVANANTHAPURAM DISTRICT COMMITTEE REPRESENTED BY ITS CHAIRMAN KERALA LABOUR WELFARE FUNDS BOARDS BUILDING VANCHIYOOR-695 001.

6. CONVENER CENRE OF INDIAN TRADE UNION KUTTICHAL UNIT (CITU) KUTTICHAL P.O.

THIRUVANANTHAPURAM-695 001.

7. CONVENER INDIAN NATIONAL TRADE UNINON, CONGRESS (INTUC) KUTTICHAL UNIT, KUTTICHAL P.O.

THIRUVANANTHAPURAM-695 001.

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8. CONVENER BHARATIYA MAZDOOR SANGH (BMS), KUTTICHAL UNIT KUTTICHAL P.O., THIRUVANANTHAPURAM-695 001.

9. CONVENER HINDU MAZDOOR SANGH (HMS), KUTTICHAL UNIT KUTTICHAL P.O., THIRUVANANTHAPURAM-695 001.

10. CONVENER UNITED TRADE UNION CONGRESS (UTUC), KUTTICHAL UNIT KUTTICHAL P.O., THIRUVANANTHAPURAM-695 001.

11. CONVENER UNITED TRADE UNION CONGRESS (UTUC), THANNIMOODU UNIT THIRUVANANTHAPURAM-695 001.

12. CONVENER INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) THANNIMOODU UNIT, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. R5 BY SRI.C.S. AJITH PRAKASH, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1 - COPY OF THE PETITION DATED 28-10-2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P1A- TRUE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2 - COPY OF THE LETTER NO. 908/2015 DATED 3-11-2015 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P2A - TRUE ENGLISH TRANSLATION OF EXHIBIT P2. EXHIBIT P3 - COPY OF LETTER N O. G2/9813/15 DATED 20-11-2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3A - TRUE ENGLISH TRANSLATION OF EXHIBIT P3. EXHIBIT P4 - COPY OF PETITION DAETD 25-11-2015 FILE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4A - TRUE ENGLISH TRANSLATION OF EXHIBIT P4. RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE ttb

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36410 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection. It is stated that he had entered into an agreement with one Sabiya Beevi for cutting and removing of 200 rubber trees from her property. It is stated that at the time when the trees were to be loaded for transportation, certain disputes had arisen between local Trade Unions which are having units at Thachancode and Kuttichal and the matter was considered by competent authority and ultimately, as per Ext.P2 order, the Assistant Labour Officer had after notice to the stake holders found that the owner of the property is entitled to engage employees of her choice.

2. Thereafter the matter was taken up to the District Labour Officer, Thiruvananthapuram who ultimately found that the Kuttichal Unit has the right for Erumakkuzhi area in Kuttichal Panchayat and the members of the Thannimoodu Unit shall do the loading and unloading works in the area from Karimpathanpara to Thachancodu Junction as included in their

WP(C) No. 36410 of 2015 -:2:- identity card. Therefore both the parties shall do the work as per the area fixed by the competent authority.

3. Having regard to the fact that the District Labour Officer has already passed appropriate orders in the matter and if there is still obstruction from any of the Unions/Units in that regard, it is for the police to render necessary protection to the petitioner enabling him to load and transport rubber wood. In the result, this writ petition is disposed of as under: The 2nd respondent shall ensure maintenance of law and order in the matter relating to loading and transporting of rubber trees from the property in question, subject to the condition that petitioner complies with the directions issued by the District Labour Officer. If any of the respondents has any issue in the matter, it has to be taken up before the District Labour Officer.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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