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2011 Supreme(Online)(KER) 47009

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, K.HARILAL, JJ
P VIJAYAN – Appellant
Versus
STATE OF KERALA AND OTHERS – Respondent


JUDGMENT

K. Harilal, J.

The petitioner is conducting a hallow bricks manufacturing unit in 8.09 acres of land in Sy.No.570/8 of Yeroor village. He has obtained necessary licences and necessary permissions from all concerned departments. Besides, the Pollution Control Board has issued Ext.P2 consent to establish hollow bricks manufacturing unit. The Yeroor grama panchayat has issued permission by Ext.P4. Thus the counsel for the petitioner submits that the petitioner has right to conduct the manufacturing unit in accordance with law.

2. The grievance of the petitioner is that the members of the 4th and 5th respondents unions are causing obstruction to the functioning of the manufacturing unit demanding job. The counsel for the Headload Workers Welfare Fund Board submits that this is not an area where functional operation of the scheme is not implemented. So the petitioner has right to choose his own workers. In this context, members of respondents 4 and 5 have no right to obstruct the functioning of the manufacturing unit. Therefore we are inclined to grant police protection to the smooth functioning of the manufacturing unit. If members of respondents 4 and 5 unions have a case that

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