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Sreedharan.B

High Court Of Kerala|06 May, 2014
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JUDGMENT / ORDER

P.R. Ramachandra Menon, J.
The petitioner has approached this Court with the following prayers.
(i) Issue a writ of mandamus commanding the respondents 1 and 2 to render adequate and meaningful police protection for the petitioner to unload building materials for house construction from any obstruction on the part of respondents 3 and 4 for anybody;
(ii) Declare that in terms of the head load works Act and Rules, the respondents 3 and 4 and their men have no right to interfere with the unloading of building materials for the house construction of the petitioner and
(iii) To grant any other relief that this Honourable Court may deem fit to grant in the nature and circumstances of the case and allow this Writ Petition with costs.
2. When the matter came up for consideration before this Court on 25.04.2014, the following interim order was passed.
W.P. (C) No. 10665 of 2014 2 Learned counsel for the petitioner submitted that the petitioner is ready to engage respondents 3 and 4 as per the prescribed rate, but they are demanding huge rate. Learned counsel for the respondents seeks time to contact respondents 3 and 4 and to ascertain whether they are ready to settle the matter with the petitioner. Post on 02.05.2014.
3. Today, when the matter is taken up for further consideration, the learned counsel appearing for the respondents 3 and 4 submits on instructions that they are ready to work at the prescribed rate. The learned counsel for the petitioner submits that the petitioner is ready to engage the respondents 3 and 4 at the prescribed rate, for effecting the house construction and that the housing materials be unloaded at the house site.
4. The above submission is recorded and the writ petition is disposed of, with liberty to the petitioner to engage respondents 3 and 4 for the house construction at the stipulated rate of wages. If the respondents 3 and 4 refuse to carry out the work at the prescribed rate as above, it will be open for the petitioner to engage workers of his choice and if there is any obstruction from the part of the respondents 3 and 4 or anybody under them, it will be for W.P. (C) No. 10665 of 2014 3 the respondents 1 and 2 to grant necessary protection so as to enable the petitioner the complete the construction.
P.R. RAMACHANDRA MENON JUDGE K. ABRAHAM MATHEW JUDGE DMR/-
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Title

Sreedharan.B

Court

High Court Of Kerala

JudgmentDate
06 May, 2014
Judges
  • P R Ramachandra Menon
  • K Abraham Mathew
Advocates
  • Sri
  • E S Ashraf