P. Yasodharan vs The Superintendent of Police and Others

R. Basant, J.—The learned Counsel for the Petitioner prays and accordingly Respondent No. 7 is deleted from the array of parties at the risk of the Petitioner. Writ Petition No. 6656/2011

The Petitioner has come to this Court seeking issue of directions to Respondents 1 to 3 to afford police protection to the Petitioner to get the work of slaughter tapping of rubber trees and for cutting and removal of the rubber trees standing in his property. In the course of the proceedings, 7th Respondent has been deleted from the array of parties at the risk of the Petitioner as service could not be effected on the 7th Respondent.

According to the Petitioner, he is the owner of the rubber plantation and slaughter tapping of rubber trees is to be undertaken in the plantation. After slaughter tapping, the trees have to be cut and removed. Respondents 4 to 6, 8 and 9 are raising illegal objections/obstructions to the work of slaughter tapping. Petitioners/workers/agents are not permitted to undertake such work. In these circumstances, it is prayed that appropriate directions under Article 226 may be issued.

Though Respondents 4 to 6 and 8 and 9 have been served, they have not chosen to enter appearance. We must assume in these circumstances that they have no objections against the prayers made in this petition.

Learned Government Pleader appears for Respondents 1 to 3. Learned Government Pleader after taking instructions from Respondents 1 and 2 submits that that in the perception of Respondents 1 and 2, there is no threat to the life, person or property of the Petitioner from Respondents 4 to 6 and 8 to 9 now. The area is not a scheme covered area. There are some labour disputes between the Petitioner and some of the unions. No industrial dispute has been raised so far before the third Respondent. Necessary protection shall be afforded to the Petitioner, if there is any law and order situation.

We have considered all the relevant inputs. The 7th Respondent has been deleted from the array of parties. The other party Respondents have not chosen to enter appearance. The learned Government Pleader points out that the area is not a scheme covered area and there is no bar against engaging workers of the Petitioner for carrying out the work of slaughter tapping and cutting and removal of rubber trees. However, the learned Government Pleader reports that there is a labour dispute between the employer and some workmen. That dispute will certainly have to be resolved in accordance with law. However, we are satisfied that police protection can be afforded to the Petitioner. In the total absence of any objection from Respondents 4 to 6 and 8 and 9, we are satisfied that the prayer made in this petition can be granted.

In the result,

a) This petition is allowed in part. Respondents 1 and 2 are directed to afford adequate and sufficient police protection for the Petitioner against any obstruction caused by Respondents 4 to 6, 8 and 9 to slaughter tapping rubber trees in his property and to cut and remove them.

b) We make it clear that this direction is without prejudice to the rights of Respondents 4 to 6, 8 and 9 to demonstrate peacefully for the resolution of labour disputes, if any, and to get the disputes resolved by initiation of conciliation proceedings before the third Respondent.