IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 22942 of 2010(P) ------------------------------------- PETITIONER(S): ---------------------- 1. METAROCK PRIVATE LIMITED, A COMPANY'REGI STERED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT THATTAMALA, KOLLAM-691020, REPRESENTED BY ITS MANAGING DIRECTOR VINODLAL N. 2. VINODLAL N., AGED 56 YEARS, SON OF NARAYANAN, RESIDING AT LALAS, THATTAMALA, KOLLAM. BY ADV. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. DISTRICT SUPERINTENDENT OF POLICE (RURAL) KURAVANKONAM,THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD. 4. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD. 5. MOHANAN, SON OF SUKUMARAN NADAR, SHANTHI NAGAR, CHIRAYIL VEEDU, SHANKARMUGHAM, VALIYARA VELLANAD-695543. 6. NAZAR, SHEREENA MANZIL, MULAMKKU, (NEAR DY. SP OFFICE) NEDUMANGAD-695541. 7. PRADEEP, DRIVER, KITTOO HOLLOW BRICKS KACHANI A KARAKULAM PANCHAYAT, PIN-695564. 8. REGHUNATH, THEKKEVILA VEEDU, CHALAKKADU KALATHUKAL, KAITHAM POST, PIN-695013, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. ADV. SRI.G.SUDHEER FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22942 OF 2010-P PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE LICENSE ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY FOR RUNNING THE QUARRY DATED 30.3.2010. EXT.P2. TRUE COPY OF THE LICENSE ISSUED BY THE ARUVIKKARA GRAMA PANCHAYAT DATED 12.4.2010. EXT.P3. TRUE COPY OF THE LICENSE ISSUED BY THE EXPLOSIVE AUTHORITIES DATED 29.2.2008. EXT.P4. TRUE COPY OF THE LICENSE ISSUED BY THE INSPECTOR OF FACTORIES AND BOILERS DATED 14.7.2010. EXT.P5. TRUE COPY OF THE LICENSE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 28.6.2009. EXT.P5A. TRUE COPY OF THE LICENSE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 7.12.2008. EXT.P6. TRUE COPY OF THE LIST OF EMPLOYEES WORKING UNDER THE PETITIONER IN VARIOUS CATEGORIES. EXT.P7. TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER PUTTING FORTH CERTAIN DEMANDS DATED 6.7.2010. EXT.P8. TRUE COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3 DATED 10.7.2010. EXT.P9. TRUE COPY OF THE COMMUNICATION BY THE THIRD RESPONDENT TRANSMITTING THE REPRESENTATION OF THE PETITIONER TO THE FOURTH RESPONDENT DATED 14.7.2010. EXT.P10.CERTIFICATE OF INCORPORATION NO.10916/1996 DATED 11.11.1996. RESPONDENT'S EXHIBITS: EXT.R5A. TRUE COPY OF THE LIST OF VEHICLES PREPARED BY DISTRICT MOTOR TRANSPORT WORKERS UNION (CITU), ARUVIKKARA BRANCH. EXT.R5B. TRUE COPY OF NOTICES ISSUED BY THE UNION TO THE IST PETITIONER PRAYING TO WITHDRAW THE HIKE IN PRICES. EXT.R5C. TRUE COPY OF STRIKE NOTICE SUBMITTED BY THE UNION. EXT.R5D. TRUE COPY OF PETITION SUBMITTED BY THE UNION BEFORE THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM DATED 23.7.2010. EXT.R5E. TRUE COPY OF COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE RDO, THIRUVANANTHAPURAM DATED 26.7.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.22942 of 2010-P ---------------------------------------------- Dated, this the 18th day of August, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following relief: “to issue a writ of mandamus or any other appropriate writ direction or order directing the respondents 1 to 4 to provide adequate meaningful and sufficient police protection to the life and property of the petitioners and his employees against the interference of the respondents 5, 6 and 7 and their associates, against free movement of vehicle loaded with quarry products from the quarry site to the place of distribution and protection to the life of the petitioner and his employees and to the vehicle coming to the factory for collecting materials.” 2. We have already passed an interim order. We heard the learned counsel for the petitioners, learned counsel for respondents 5 to 8 and also the learned Government Pleader. According to the learned counsel for the party respondents, there is some settlement. We dispose of the writ petition making the interim order absolute. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS