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2018 Supreme(Online)(KER) 19386

HIGH COURT OF KERALA
K VINOD CHANDRAN, ASHOK MENON, JJ
RONI J MUKKADA – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent


Advocates:
SRI.JACOB SEBASTIAN, SRI.K.V.WINSTON, SMT.ANU JACOB, SMT.A.P.LALY @ LALY VINCENT, SRI P P THAJUDDIN, SRI.THOMAS ABRAHAM, SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN, SRI.T.C.KRISHNA, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.PRATAP ABRAHAM VARGHESE

J U D G M E N T

K. Vinod Chandran, J The petitioners are before this Court seeking police protection from the interference caused by respondents 2 to 4 for loading and unloading work carried on. The petitioners are planters engaged in a rubber plantation who were carrying on slaughter tapping in their rubber estate. The petitioners contended that there is no scheme notified under the Kerala Headload Workers Act, 1978 for the area and hence they are entitled to employ their own workers. The additional respondents impleaded claim that they are workers in the plantation who are carrying on loading and unloading work.

2. The learned Counsel for the respondents 2 to

4 has filed a detailed counter affidavit claiming the loading WPC.No. 7983/2018 and unloading to their members and has produced some identity cards as per Annexure R4(b) series. The respondents 2 to 4 also assert that they have been engaged for loading and unloading work but now, they are avoided only for reason of certain complaints raised that the petitioners are cutting forest trees. The respondents 2 to 4 assert their right, on the ground of the scheme having been extended to the area by a notification produced as Annexure

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