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Judgment
The 1st petitioner is a stockist of cement; which
business is being looked after by the 2nd petitioner, the son. The 1st
petitioner has obtained D&O licence from the Panchayat, as per
Exhibit P1. A Consent to Operate has been issued by the Kerala
State Pollution Control Board [for brevity "PCB"], evidenced by
Exhibit P2. The petitioners, while carrying on the business, was
obstructed by the respondents 4 to 6, claiming loading and
unloading work.
The 3rd respondent, on instructions from its
Thiruvananthapuram Unit, categorically submits that the area in
which the petitioners are carrying on the business is not a scheme
covered area. Hence, it is the option of the petitioners as to whom
to be engaged for doing the loading and unloading work.
The learned Government Pleader, on instructions
from the Sub Inspector of Police, Mangalapuram Police Station,
submits that there was an obstruction caused by respondents 4 to
6 and on complaint received, they were summoned to the Police
Station and warned.
If any further obstruction or criminal intimidation is
caused, the police would ensure that the same is averted and the
petitioners are allowed to carry on the business peacefully by
engaging their own workers.
The writ petition would stand allowed. No costs.