The K.M.M.L.Lappa Constructions … vs Noorudin Kunju on 6 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20050 of 2009(A)


1. THE K.M.M.L.LAPPA CONSTRUCTIONS &
                      ...  Petitioner

                        Vs



1. NOORUDIN KUNJU, SUNEER MANZIL,
                       ...       Respondent

2. THE KERALA MINERALS AND METALTS LTD.,

3. THE SUB INSPECTOR OF POLICE,

4. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  :SRI.GOPAKUMAR R.THALIYAL

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :06/08/2009

 O R D E R

P.R.RAMAN & P.BHAVADASAN, JJ.

——————————————————–

WP(C) NO.20050 OF 2009

——————————————————–

Dated 6th August 2009

Judgment

RAMAN, J.

The petitioner is a registered Society, the members of

which are labourers, whose land was acquired by M/s.KMML Ltd.

The contract works of the company are usually awarded to the

society as a measure of rehabilitation. But, according to the

petitioner, the 1st respondent, who is not a member of the society

is causing physical obstruction to the work being carried out by

the members of the petitioner.

2. The first respondent entered appearance through counsel

and he submits that the said respondent is also affected and he

has submitted an application before the Society for membership,

but that has not been issued. The learned Government Pleader

appearing for the State submits that the question as to whether

WPC 20050/09 2

the first respondent is to be admitted as a member of the

Society or not, is to be decided by the petitioner Society.

3. In the facts and circumstances, there will be a direction

that there cannot be any physical obstruction caused by the 1st

respondent in the matter of work being carried out by the

members of the petitioner Society. If any such obstruction is

caused, the police shall give necessary protection to the

petitioner and its members. However, the first respondent’s

membership shall be decided by the Society within a period of

ten days. If he is admitted as a member, then, necessarily he will

also be given employment by the petitioner Society as in the case

of other members. In case the first respondent is not admitted

as a member, then it is open to the said respondent to take such

WPC 20050/09 3

legal remedies as are available to him in law.

The Writ Petition is disposed of as above.

                                       P.R.RAMAN, JUDGE




                                       P.BHAVADASAN, JUDGE



sta

WPC 20050/09    4