IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 4983 of 2011(W) --------------------------------------- PETITIONER(S): ------------------------ G4S SECURITY SERVICES (INDIA) PVT.LTD., H.NO.34/259,AMBAT, N.H.BYE PASS ROAD, EDAPPALLY COCHIN-24, REPRESENTED BY ITS GENERAL MANAGER S.R. BHUVANENDRAN NAIR. BY ADV. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY.PIN- 682 031 2. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKKARA, ERNAKULAM DISTRICT.682030 3. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT.682019. 4. THE SUB INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT.682 019 5. KERALA SECURITY EMPLOYEES UNION, REPRESENTED BY ITS GENERAL SECRETARY, K.B.HANEEF, CANAL SHED ROAD, ERNAKULAM-682011. R1 TO R4 BY GOVERNMENT PLEADER SMT. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.4983/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER IN I.A.NO.5109/2008 IN O.S.NO.672/2008 DATED 2/8/2008. P2 COPY OF THE JUDGMENT IN O.S.NO.672/08 DATED 28/5/2009. P3 COPY OF THE REQUEST DATED 3/2/2011 GIVEN TO THE 1ST RESPONDENT. P4 COPY OF THE NOTICE DATED 7/2/2011 ISSUED BY THE RESPONDENT UNION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOTTATHIL B. RADHAKRISHNAN & S.SATHEESACHANDRAN,JJ. -------------------------------------------------------------- WP (C) No. 4983 of 2011 -------------------------------------------------------------- Dated this the 18th day of February, 2011 JUDGMENT THOTTATHIL B. RADHAKRISHNAN, J. The petitioner states that its business activities are being obstructed by the 5th respondent and free movement of employees and other persons to the petitioner's office premises is unnecessarily obstructed. It appears that there is agitation including fasting. The 5th respondent appears through counsel and states that they will not commit any obstruction, but will carry on peaceful agitation since they have grievances to be redressed. The learned Government Pleader says on instructions that there is no law and order situation and that the agitation is going on peacefully. We record the submissions and direct respondents 1 to 4 to ensure that law and order is preserved and the petitioner is provided adequate protection to carry on its activities and for free movement of persons into their establishment. We further WP (C) No. 4983 of 2011 2 direct that the police shall ensure that the staging of dharna and any other mode of peaceful agitation shall be only beyond the radius of 100 meters from the centre of the main gate of the petitioner's establishment. We also record the submissions that the defendants in Exhibit P2 suit have taken steps to have that decree set aside. We clarify that we have not expressed anything on the rival contentions in relation to that suit or as regards relationship between the parties. Any request of the defendants in Exhibit P2 suit pending before the Civil Court would also be expeditiously disposed of. THOTTATHIL B. RADHAKRISHNAN, JUDGE. S.SATHEESACHANDRAN, JUDGE. rkc