SAHEERUDEEN ALIAS SAHEER Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) The prayer in the Writ Petition is as follows: Issue a writ of mandamus or other appropriate writ order of direction commanding the respondents 1 and 2 to afford adequate and effective Police protection for life and property of the petitioner and his workers for slaughtering, loading, unloading and transporting of rubber trees stood in the properties of the respondents 3 to 10 in Sy.Nos. 209/23/2/, 209/23/1, 214/8, 312/10/31 198/12, 223/4/2 and 223/5/3 (Thandaper Account No.26/1500, 26/7811, 26/9862, 26/1678, 199/7 (200/13) of Valakom Village without any obstruction or hindrance from Workers of the Respondents 11 to 14 and their henchmen or anybody.

(2.) Briefly put, the case of the petitioner is as follows: The petitioner is running a brick Killen unit. He has entered into an agreement with respondents 3 to 10 who are small land holders agreeing to slaughter the rubber trees standing in their properties. The complaint is that respondents 11 to 14 and their workmen criminally trespassed into the property and obstructed the slaughtering works and illegally demanded huge amount. The petitioner filed Ext.P7 complaint.

(3.) A counter affidavit was filed by respondents 12 and 14. It is inter-alia stated in the affidavit as follows: The 12th respondent belongs to CITU union and 14th respondent belongs to AITUC union. The Asst. Labour Officer issued 7 identification cards to CITU union and 6 identification cars to AITUC union. The rubber trees are within the area mentioned in the identity cards by the Assistant Labour Officer. The petitioner has suppressed the material facts. They produced Ext.R12(b) agreement of sale between respondents and one Hussain to whom some of trees were sold. Exts.R.12(c) and R12(d) are true copies of the orders passed by this court. It is stated that the petitioner never came to the properties on 20.11.2009 and these respondents never obstructed the slaughtering work.