IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 30901 of 2009(G) PETITIONER(S): --------------- P.V.SASI, S/O.LATE P.C.VELAYUDHAN, PAPPATHU HOUSE, VELLIKULANGARA P.O., TRICHUR DISTRICT. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, VELLIKULANGARA. 3. THE SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION. 4. MATHAI MANJOORAN, SECRETARY, THRISSUR DISTRICT LOADING UNLOADING & GENERAL WORKERS UNION (A.I.T.U.C) VELLIKULANGARA. 5. K.V.THOMAS, CO-ORDINATION SECRETARY, HEAD LOAD & GENERAL WORKERS UNION (I.N.T.U.C) VELLIKULANGARA. 6. PATTALI CHANDRAN, CO-ORDINATION PRESIDENT, HEAD LOAD & GENERAL WORKERS UNION (C.I.T.U) VELLIKULANGARA. ADV. SRI.C.S.AJITH PRAKASH FOR R4,5&6 SRI.C.S.YESUDAS FOR R4,5&6 GOVT. PLEADER SRI. T.K.VIPINDAS -R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.30901/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the Identity Card of the petitioner. Ext.P2: True copy of the notice dated 14.5.2003. Ext.P3: True copy of the letter dated 17.11.2004. Ext.P4: True copy of the intimation letter. Ext.P5: True copy of the representation. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 30901 OF 2009 --------------------------------------------- Dated this the 11th day of November, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking police protection. On finding that there is an element of settlement, the parties were directed to appear before the Kerala Mediation Centre. The learned Mediator has submitted a report incorporating the terms of settlement which read as follows: i. The petitioner Sri. P.V. Sasi has already given a request for membership in the Union, Bharathiya Mazdoor Sangham (BMS), Vellikulangara. The Secretary of the BMS Sri. Rajan Pazhayi, S/o. Kuttan, Vellikulangara P.O. is to give to the 5th respondent, the Secretary of the Co-ordination Committee, Sri. K.V. Thomas, a formal letter along with the copy of the request for membership given by Sri. Sasi, so as to inform him officially that Sri. Sasi has been granted membership in the said Union BMS. The Secretary of BMS has to give the above said intimation to the 5th respondent on or before 07.11.2009. ii. The President of the Co-ordination Committee, the 6th respondent, Sri. Pattali W.P.(C)NO. 30901/2009 2 Chandran, S/o. Velayudhan (CITU) has agreed to accept unconditionally, the letter forwarded to him by the Secretary of BMS intimating him about the granting of membership to Sri. P.V. Sasi, the petitioner herein, in the said Union. iii.The parties further agree that the petitioner will have the freedom to work along with the member of the BMS Union without any obstruction from any of the parties in a peaceful and healthy environment. iv.In the light of the above said terms of agreement, the petitioner agrees to withdraw the above Writ Petition. It is submitted that in view of the above settlement, no further orders are required in this Writ Petition. Accordingly, recording the terms of settlement, the Writ Petition is dismissed as withdrawn. An amount of Rs.1,500/-, which will be shared equally by both parties, shall be given to the learned Mediator towards remuneration. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 30901/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.30901/2009 JUDGMENT 11th November, 2009 W.P.(C)NO. 30901/2009 4