Thomas Chacko Vs. the District Collector, Kollam - Court Judgment

SooperKanoon Citationsooperkanoon.com/1095314
CourtKerala High Court
Decided OnOct-18-2013
JudgeHONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
AppellantThomas Chacko
RespondentThe District Collector, Kollam
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice s.siri jagan & the honourable mr. justice k.ramakrishnan friday, the18h day of october201326th aswina, 1935 wp(c).no. 23590 of 2013 (w) ---------------------------- petitioner: ---------- thomas chacko, aged50years, s/o.chacko, perumbrayil house, erom thadicadu p.o, anchal, kollam district. by adv. sri.m.shyju respondents: ------------ 1. the district collector, collectorate, kollam - 691 001.2. the circle inspector of police, anchal, kollam - 691 306.3. the sub inspector of police, anchal, kollam691306.4. salim, convener (citu) headload and general workers union, ward no.2, erom, thadicadu p.o, anchal, kollam691306.5. kurup, convener (intuc), headload and general workers union, ward no.2, erom, thadicadu p.o, anchal, kollam - 691 306.6. dileep, convener (aituc), headload and general workers union, ward no.2, erom, thadicadu p.o, anchal, kollam691306. r5 by adv. sri.anchal c.vijayan by government pleader sri.sojan james this writ petition (civil) having been finally heard on1810-2013, the court on the same day delivered the following: wp(c).no. 23590 of 2013 (w) ---------------------------- appendix petitioner's exhibits ------------------------ exhibit p1. copy of the sale deed no.785/1975 dated1003.1975 of anchal sub registrar office. exhibit p2. copy of the tax receipt dated38.13 of the cultivating land. exhibit p3. copy of the representation submitted by the petitioner before the2d respondent dated48.13. exhibit p4. copy of the representation dated148.13 submitted by the petitioner before the ist respondent. respondents' exhibits : nil ---------------------- //true copy// p.a to judge ab s.siri jagan & k.ramakrishnan, jj ----------------------------------------------------- w.p(c) no.23590 of 2013 ----------------------------------------------------- dated this the 18th day of october, 2013 judgment s.siri jagan, j the petitioner is a small time farmer engaged in rubber cultivation. he wants to replant his small rubber estate. for that he has to cut and remove the old rubber trees standing thereon. the respondents 4 to 6 have serious disputes regarding sharing of the work among themselves. in view of the dispute, the petitioner is not permitted to engage even his own workers for cutting and removing the rubber trees. it is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: "i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to afford adequate police protection to the petitioner and to the workers employed by the petitioner for cutting and removing 190 number of rubber trees standing in survey no.27/1 of anchal village in the ownership of the petitioner and for transporting the rubber wood. ii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 to prevent respondents 4 to 6 and their workers from causing any obstruction to the w.p(c) no.23590 of 2013 2 cutting and removing of rubber trees and transporting the same, standing in survey no.27/1 of anchal village in the name of the petitioner; iii) to issue other appropriate writ, direction or order which this honourable court deem fit, just and proper in the circumstances of the case." 2. despite service of notice, respondents 4 and 6 have not chosen to enter appearance to contest the matter. the 5th respondent enters appearance through counsel and submits that if work is given to members of their union, the workers of the 5th respondent union are prepared to undertake the work. on 11.10.2013 we passed the following interim order: "counsel for the petitioner shall place on record a statement giving the numbers of workers whom the petitioner wants to employ for the work of cutting and removing trees from his land. out of the required work force, 50% shall be workers of the petitioners choice and 50% shall be from the names given by the 5th respondent. 5th respondent also shall submit a list of workers whom they want the petitioner to engage, out of whom, the 50% shall be selected. we are not inclined to give any such benefit to respondents 4 and 6 since despite accepting notice they have not chosen to enters appearance to contest the matter." 3. pursuant to the same, the counsel for the petitioner has filed a statement stating that for the work to be undertaken by the petitioner, the petitioner would require 10 workers. he has given names of the following workers to be engaged as 50% w.p(c) no.23590 of 2013 3 of the total workforce required.1. rahim, taju manzil, venchempu p.o, punalur, kollam.2. taju, taju manzil, venchempu p.o, punalur, kollam.3. harun koliyakodu house, venchempu p.o, punalur, kollam.4. taju, taju manzil, pallimukku, venchempu p.o, punalur, kollam.5. noushad, chavarayil, puthen veedu, venchempu p.o, punalur, kollam.4. the 5th respondent has also filed a statement giving the names of 20 persons. out of the same, the 5th respondent submits that 5 persons can be engaged by the petitioner. accordingly, we select the following first 5 persons as the 50% workforce from the 5th respondent union.1. suresh, aged 40 years, s/o.balakrishnan, nadukunnil kizhakkethil, aeram.2. renjith, aged 40 years, s/o.venu, renjith bhavan, aeram.3. shyju, aged 29 years, s/o.mani, shyju bhavan, aeram.4. reji, aged 31 years, s/o.sudhakaran, reji bhavan, aeram.5. sundaresan, aged 48 years, s/o.raghavan, subash vilasom, aeram. w.p(c) no.23590 of 2013 4 if any of the 5 persons nominated by the 5th respondent is unable to attend work for any reason, the 5th respondent can nominate another person from the names given in their statement, who shall be employed by the petitioner in the place of the workmen, who cannot attend the work.6. we direct respondents 2 and 3 to give adequate police protection to the petitioner for cutting and removing the rubber trees standing in survey no.27/1 of anchal village in the name of the petitioner employing workers of the petitioner and the 5th respondent union as stipulated above, without any obstruction from anybody, especially respondents 4 to 6. the writ petition is disposed of as above. s.siri jagan, judge k.ramakrishnan, judge ab
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE18H DAY OF OCTOBER201326TH ASWINA, 1935 WP(C).No. 23590 of 2013 (W) ---------------------------- PETITIONER: ---------- THOMAS CHACKO, AGED50YEARS, S/O.CHACKO, PERUMBRAYIL HOUSE, EROM THADICADU P.O, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.M.SHYJU RESPONDENTS: ------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM - 691 001.

2. THE CIRCLE INSPECTOR OF POLICE, ANCHAL, KOLLAM - 691 306.

3. THE SUB INSPECTOR OF POLICE, ANCHAL, KOLLAM691306.

4. SALIM, CONVENER (CITU) HEADLOAD AND GENERAL WORKERS UNION, WARD NO.2, EROM, THADICADU P.O, ANCHAL, KOLLAM691306.

5. KURUP, CONVENER (INTUC), HEADLOAD AND GENERAL WORKERS UNION, WARD NO.2, EROM, THADICADU P.O, ANCHAL, KOLLAM - 691 306.

6. DILEEP, CONVENER (AITUC), HEADLOAD AND GENERAL WORKERS UNION, WARD NO.2, EROM, THADICADU P.O, ANCHAL, KOLLAM691306. R5 BY ADV. SRI.ANCHAL C.VIJAYAN BY GOVERNMENT PLEADER SRI.SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1810-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23590 of 2013 (W) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------ EXHIBIT P1. COPY OF THE SALE DEED NO.785/1975 DATED1003.1975 OF ANCHAL SUB REGISTRAR OFFICE. EXHIBIT P2. COPY OF THE TAX RECEIPT DATED38.13 OF THE CULTIVATING LAND. EXHIBIT P3. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE2D RESPONDENT DATED48.13. EXHIBIT P4. COPY OF THE REPRESENTATION DATED148.13 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL ---------------------- //True Copy// P.A to Judge ab S.SIRI JAGAN & K.RAMAKRISHNAN, JJ ----------------------------------------------------- W.P(C) No.23590 of 2013 ----------------------------------------------------- Dated this the 18th day of October, 2013

JUDGMENT

S.Siri Jagan, J The petitioner is a small time farmer engaged in rubber cultivation. He wants to replant his small rubber estate. For that he has to cut and remove the old rubber trees standing thereon. The respondents 4 to 6 have serious disputes regarding sharing of the work among themselves. In view of the dispute, the petitioner is not permitted to engage even his own workers for cutting and removing the rubber trees. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: "i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to afford adequate police protection to the petitioner and to the workers employed by the petitioner for cutting and removing 190 number of rubber trees standing in Survey No.27/1 of Anchal Village in the ownership of the petitioner and for transporting the rubber wood. ii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 to prevent respondents 4 to 6 and their workers from causing any obstruction to the W.P(C) No.23590 of 2013 2 cutting and removing of rubber trees and transporting the same, standing in Survey No.27/1 of Anchal Village in the name of the petitioner; iii) to issue other appropriate writ, direction or order which this Honourable Court deem fit, just and proper in the circumstances of the case." 2. Despite service of notice, respondents 4 and 6 have not chosen to enter appearance to contest the matter. The 5th respondent enters appearance through counsel and submits that if work is given to members of their union, the workers of the 5th respondent union are prepared to undertake the work. On 11.10.2013 we passed the following interim order: "Counsel for the petitioner shall place on record a statement giving the numbers of workers whom the petitioner wants to employ for the work of cutting and removing trees from his land. Out of the required work force, 50% shall be workers of the petitioners choice and 50% shall be from the names given by the 5th respondent. 5th respondent also shall submit a list of workers whom they want the petitioner to engage, out of whom, the 50% shall be selected. We are not inclined to give any such benefit to respondents 4 and 6 since despite accepting notice they have not chosen to enters appearance to contest the matter." 3. Pursuant to the same, the counsel for the petitioner has filed a statement stating that for the work to be undertaken by the petitioner, the petitioner would require 10 workers. He has given names of the following workers to be engaged as 50% W.P(C) No.23590 of 2013 3 of the total workforce required.

1. Rahim, Taju Manzil, Venchempu P.O, Punalur, Kollam.

2. Taju, Taju Manzil, Venchempu P.O, Punalur, Kollam.

3. Harun Koliyakodu House, Venchempu P.O, Punalur, Kollam.

4. Taju, Taju Manzil, Pallimukku, Venchempu P.O, Punalur, Kollam.

5. Noushad, Chavarayil, Puthen Veedu, Venchempu P.O, Punalur, Kollam.

4. The 5th respondent has also filed a statement giving the names of 20 persons. Out of the same, the 5th respondent submits that 5 persons can be engaged by the petitioner. Accordingly, we select the following first 5 persons as the 50% workforce from the 5th respondent union.

1. Suresh, aged 40 years, S/o.Balakrishnan, Nadukunnil Kizhakkethil, Aeram.

2. Renjith, aged 40 years, S/o.Venu, Renjith Bhavan, Aeram.

3. Shyju, aged 29 years, S/o.Mani, Shyju Bhavan, Aeram.

4. Reji, aged 31 years, S/o.Sudhakaran, Reji Bhavan, Aeram.

5. Sundaresan, aged 48 years, S/o.Raghavan, Subash Vilasom, Aeram. W.P(C) No.23590 of 2013 4 If any of the 5 persons nominated by the 5th respondent is unable to attend work for any reason, the 5th respondent can nominate another person from the names given in their statement, who shall be employed by the petitioner in the place of the workmen, who cannot attend the work.

6. We direct respondents 2 and 3 to give adequate police protection to the petitioner for cutting and removing the rubber trees standing in Survey No.27/1 of Anchal Village in the name of the petitioner employing workers of the petitioner and the 5th respondent union as stipulated above, without any obstruction from anybody, especially respondents 4 to 6. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE K.RAMAKRISHNAN, JUDGE ab