MATHAIKUTTY Vs. DISTRICT SUPDT OF POLICE

JUDGEMENT

(1.) HEARD counsel on either side.

(2.) PETITIONER is the Secretary of Salom Marthoma Church, ayoor, Kollam. The Church was established in the year 1938. PETITIONER's Church has 700 members and 139 families. The Church is housed in 20. 85 ares of property comprised in Sy. No. 349/1 of Edamulakkal Village, Pathanapuram Taluk. The members of the Church resolved to renovate the old building and in pursuance of such a decision, after complying with all statutory requirements, re-construction work was undertaken. Renovation and construction works are undertaken with the co-operation and assistance of the members of the Church. In order to carry on the renovation process, petitioner has to demolish certain old blocks and also to carry on loading and unloading activities. On 30. 10. 2006, respondents 3 to 5 and their henchmen obstructed the removal of building materials demanding that they should be employed. Matter was brought to the notice of respondents 1 and 2. But no action has been taken. PETITIONER seeks police protection to load and unload building materials for the construction of church building.

(3.) CHURCH also does not find a place in the Schedule of the Kerala Headload Workers Act and hence the provisions of the Act are not applicable to CHURCH. Hence the Headload Workers cannot obstruct the loading and unloading works undertaken by the CHURCH, by its own employees. Respondents 1 and 2, therefore, would afford adequate, effective police protection to the petitioner to load and unload building materials for construction of the church building in its property comprised in Survey No. 349/1 of Edamulakkal Village, if any obstruction is caused by respondents 3 to 5. Writ Petition is allowed as above..