IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 30556 of 2010(T) --------------------------------------- PETITIONERS: --------------------- 1. RACHEL P.MATHEW, PAYPRA HOUSE, VELLOOR P.O., KOTTAYAM. 2. VINOD.V.O., SOPANATHIL, OORAMALAYIL, VELLOOR P.O., KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, MANARKADU POLICE STATION, MANARKADU, KOTTAYAM DISTRICT-686 019. 2. CIRCLE INSPECTOR OF POLICE, PAMPADY CIRCLE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PAMPADY, KOTTAYAM-686 502. 3. AJU, CONVENOR, MILMA TRANSPORTING CONTRACRT WORKERS UNION (CITU), VADAVATHOOR P.O., KOTTAYAM DISTRICT-686 010. 4. SABU, PANACKAPRAMBIL, PONGANPARA, PUTHUPPALLY P.O., KOTTAYAM DISTRICT-686 011. 5. RAJAN, VALIYAPARAYIL, NEAR M.R.F., VADAVATHOOR P.O., KOTTAYAM-686 010. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R3 BY ADV. SRI.S.JIJI, R4 & R5 BY ADVS. SRI.T.MADHU, SRI.SAJI JACOB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30556/2010-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONTRACT WHICH IS ENTERED IN BETWEEN THE P.1. AND THE MILMA AUTHORITIES. EXT.P.2: COPY OF THE REFERAL CASUALITY RECORD DTD. 10/09/2010 ISSUED FROM THE M.C.H, KOTTAYAM. EXT.P.3: COPY OF THE COMPLAINT FILED BY THE PETITIONER UNDER SEC. 156(3) CRL.P.C. EXT.P.4: COPY OF THE WARNING NOTICE DTD. 15/09/2010 ISSUED BY THE MILMA TO THE PETITIONER NO.1. EXT.P.5: COPY OF THE PETITION DTD. 11/09/2010 SUBMITTED BY THE P.2. BEFORE THE R.4. SEEKING POLICE PROTECTION. EXT.P.6: COPY OF THE RECEIPT DTD. 11/09/2010 ISSUED BY THE R.4. S.I. OF POLICE, MANARKADU. EXT.P.7: COPY OF THE PETITION DTD. 14/09/2010 SUBMITTED BY THE P.2. BEFORE THE C.I. OF POLICE, PAMPADY. EXT.P.8: COPY OF THE RECEIPT DTD. 14/09/2010 ISSUED BY THE R.5. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE GATE PASS ISSUED ON 07/10/2010. EXT.R3.B: COPY OF THE GATE PASS ISSUED ON 08/10/2010. EXT.R3.C: COPY OF THE NOTICE ISSUED BY THE MILMA CONTRACTORS (TRANSPORTING) WORKERS UNION (CITU), VADAVATHOOR UNIT ON 07/08/2008 TO THE P.2. EXT.R4.A: COPY OF THE AGREEMENT DTD. 05/04/2010 ENTERED INTO BETWEEN THE R.3. AND THE P.2. EXT.R4.B: COPY OF THE NOTICE DTD. 26/08/2010 ISSUED BY THE R.3. TO THE P.2. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.30556 of 2010 ---------------------------------------- Dated this the 14th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking police protection. 2. We have passed an interim order wherein we have recorded the willingness of the petitioners to pay a sum of Rs.12,160/-. Today when the matter came up, the learned counsel for respondents 4 and 5 would submit that the amount has been paid and received by the respondents and that they will not obstruct the petitioners. The 3rd respondent is the convener of a union of employees. 3. We record the submission of the learned counsel for respondents 4 and 5 that they will not obstruct the petitioners and we direct that in case, contrary to the submission by respondents 4 and 5, if there is any complaint brought out of obstruction by respondents 3 to 5 for collection of milk by the W.P.C.No.30556 of 2010 2 petitioners pursuant to Ext.P1 contract by themselves or engaging any employees of their choice before the 1st respondent, the 1st respondent will look into it and if the complaint is found to be genuine he shall provide protection to the petitioners for collection of milk by the petitioners by themselves or engaging any employees of their choice, as against respondents 3 to 5. 4. We make it clear that the judgment will not stand in the way of respondents 4 and 5 ventilating their grievance before any authority. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.30556 of 2010 3 W.P.C.No.30556 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010