IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 21222 of 2010(C) -------------------------- PETITIONER: --------------- MAJOR.K.A.ABRAHAM, AGED 54 YEARS, S/O.T.J.ANTONY, PROPRIETOR, ST.JUDE GAS SERVICE, THATTAMALA, KOLLAM. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RANJITH RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM. 3. ALL KERALA GAS AGENCIES THOZHILALY UNION, (CITU) REG.03-04/2005 KOLLAM DISTRICT COMMITTEE, CITU BHAVAN, KOLLAM-13, REPRESENTED BY ITS SECRETARY. 4. SRI.ANTONY.S, A.S.S. SERVICE ORGANIZATIONS, VENKEKKARA JUNCTION, MATHILIL P.O., KOLLAM. 5. SRI.BITHU BABU, AKKATTU HOUSE, KARIKKATTOOR P.O., MANIMALA, KOTTAYAM. 6. SRI.LIJO JOSEPH, CHOORANAVAYALIL, PANGADA P.O., PAMPADY, KOTTAYAM. 7. THE DISTRICT LABOUR OFFICER, KOLLAM. GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1 & 2 ADV. SRI.E.M.MURUGAN FOR R4 SRI.B.MOHANLAL FOR R3 SRI.C.SINOY FOR R3 SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) FOR R5&6 SRI.A.R.DILEEP FOR R5&6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21222 of 2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE PHOTOSTAT COPY OF THE AGREEMENT ENTERED ON 31.3.2010 ENTERED INTO BETWEEN THE PETITIONER AND THE 4TH RESPONDENT. EXT.P2 : TRUE PHOTOSTAT COPY OF THE AGREEMENT DT.10.3.10 ENTERED INTO BETWEEN THE PETITIONER AND 5TH RESPONDENT. EXT.P3 : TRUE PHOTOSTAT COPY OF THE AGREEMENT DT.30.3.10 ENTERED INTO BETWEEN THE PETITIONER AND 6TH RESPONDENT. EXT.P4 : TRUE PHOTOCOPY OF THE COMMUNICATION DT.28.4.10 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P5 : TRUE PHOTOCOPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P6 : TRUE PHOTOCOPY OF THE NOTICE DT.6.5.10 ISSUED BY THE DEPUTY LABOUR OFFICER, KOLLAM TO THE PETITIONER. EXT.P7 : TRUE PHOTOCOPY OF THE REPRESENTATION DT 21.6.10 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY LABOUR OFIFER, KOLLAM. EXT.P8: TRUE PHOTOCOPY OF THE REPRESENTATION DT. 6.7.10 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS EXT.R3(a) : TRUE COPY OF THE CERTIFICATE FOR FIRE (PROTECTION) SERVICES TO SRI.SHIBU U BABU EXT.R3(b): TRUE COPY OF THE VEHICLE INSPECTION REPORT 13.5.2009 ISSUED IN THE NAME OF THE PETITIONER SHRI. SHIBU U BABU. // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 21222 of 2010 C - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of July, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following reliefs: a) to declare that the third respondent or its members or persons acting under them have no manner of right to interfere with the smooth functioning of St. Judge Gas Service, Thattamala, Kollam. b) issue a writ in the nature of mandamus commanding respondents 1 and 2 to afford adequate protection for the smooth functioning of St. Judge Gas Service, Thattamala, Kollam. W.P.(C).No. 21222 of 2010 2 2. We heard learned counsel for the petitioner, learned counsel for the party respondents as also the learned Government Pleader. 3. We have already passed an interim order. We are not going into the merits of the allegations. We leave it free to the third respondent to take up the matter before appropriate forum. 4. We dispose of the Writ Petition by making the interim order absolute. We make it clear that this judgment is subject to the further condition that the petitioner will co-operate with the conciliation proceedings. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm