BASHEER K M Vs. DISTRICT POLICE CHIEF THRISSUR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, party respondents and also State Attorney. According to the petitioners, they are representatives of a registered Trade Union of Varavattoor Unit in Desamangalam Grama Panchayat. The petitioners, claiming to be the representatives of Varavattoor Trade Union in Desamangalam Grama Panchayat, have approached the Court seeking police protection on the ground that the 6th respondent and his supporters are interfering with the work, of them when they were doing the loading and unloading of sand mining at Konavally Kadavu. According to them, when Konavally Kadavu was decided to be opened as per the decision of the Local Panchayat within the area of petitioners, a covered area of headload workers, the 6th respondent and his headload Workers Union members obstructed the loading work of sand from the river and prevented the petitioners and their workers to carry on the headload work. Therefore, the petitioners approached the concerned police lodging a complaint, but no positive response. Hence they have approached this Court.

(2.) In response to the notice, the State Attorney and the counsel for the party respondent have entered appearance and even counter affidavit of the 6th respondent is filed. 6th respondent contends that he and the members of his Union are of a special kind of workers coming under the sand mining laws of Kerala, where a special identity card is issued to them by the Panchayat permitting them to remove sand from the rivers as it needs 'special skill' to remove the sand from the river.

(3.) State Attorney has also brought to our notice, Rule 17(j) and (t) of Kerala Protection of River Banks & Regulation of Removal of Sand Rules, 2002, which provides for issuance of identity cards by the concerned Panchayat, where the Kadavus are situated, to remove sand from the rivers.