IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 14342 of 2011(P) ------------------------- PETITIONER: ------------------ MANOJ KUMAR.N.R, S/O. LATE N.M. RAGHAVAN, PROPRIETOR, NRM ENTERPRISES, 5/507 (9/855),PARACKALCHALLA, GOVINDAPURAM PO, MUTHALAMADA,CHITTUR TALUK, PALAKKAD DISTRICT, NOW R/AT NADUMURI HOUSE, MUTHALAMADA, GOVINDAPURAM POST,CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ---------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD-678001. 2. C.I. OF POLICE,KOLLENGODE, PALAKKAD DISTRICT-678001. 3. SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD DISTRICT-678001. 4. RAMADHARAN,S/O.APPUKKUTTAN, LEADER,CITU (LOADING & UNLOADING),KAMBRATHCHALLA, MUTHALAMADA PO, CHITTUR TALUK, PALAKKAD DISTRICT, R/AT KOLATHUMEDU, PULIYAMTHONI,MUTHALAMADA PO, CHITTUR TALUK, PALAKKAD DISTRICT-678507. 5. RAVI, S/O,MURUKAN, LEADER INTUC, (LOADING & UNLOADING) KAMBRATHCHALLA, MUTHALAMADA PO, CHITTUR TALUK,PALAKKAD DISTRICT, R/AT PARUTHIKKAD, GOVINDAPURAM P.O, MUTHALAMADA, CHITTUR TALUK,PALAKKAD DISTRICT-678507. 6. ANANTHAN, S/O.LATE NARAYANAN, LEADER BMS(LOADING & UNLOADING),KAMBRATHCHALLA, MUTHALAMADA P.O,CHITTUR TALUK,PALAKKAD DISTRICT, R/AT SRAMBICHALLA, MUTHALAMADA PO, CHITTUR TALUK,PALAKKAD DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS R4 TO 46 BY ADV. SRI.SYAM J SAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.14342/2011 -3- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF INDUSTRIES, PALAKKAD IN THE NAME OF THE PETITIONER. EXT.P2 : COPY OF THE LICENCE ISSUED BY MUTHALAMADA GRAMA PANCHAYAT IN THE NAME OF THE PETITIONER. EXT.P3 : COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD IN THE NAME OF THE PETITIONER. EXT.P4 : COPY OF THE CERTIFICATE OF REGISTRATION MADE UNDER KERALA VALUE ADDED TAX RULES, ISSUED IN THE NAME OF THE PETITIONER. EXT.P5 : COPY OF THE LEASE DEED EXECUTED BETWEEN THE PETITIONER AND S. SAMIYAPPAN ON 24-05-2011. EXT.P6 : COPY OF THE PETITION SUBMITTED BEFORE THE RESPONDENT No.3. EXT.P7 : COPY OF THE RECEIPT ISSUED BY THE RESPONDENT No.3 ON RECEIPT OF EXT.P6. EXT.P8 : COPY OF THE RECEIPT ISSUED BY THE RESPONDENT No.2. EXT.P9 : COPY OF THE RECEIPT ISSUED BY THE RESPONDENT No.1 ON 17-05- 2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14342 of 2011-P ***************************** Dated this the 17th day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford police protection to the petitioner to get the work of his establishment done by his workers without any illegal obstructions from respondents 4 to 6. 2. Respondents 4 to 6 have entered appearance. They did not file a counter affidavit earlier and accordingly interim directions were issued on 10.06.2011. 3. Today the learned counsel for respondents 4 to 6 submits that a counter affidavit has already been filed. The learned Government Pleader after taking instructions submits that the area is not a scheme covered area and in these circumstances the petitioner is entitled to the relief that he claims. The learned counsel for respondents 4 to 6 also submits that the interim order can now be made absolute. W.P(C) No.14342 of 2011-P 2 4. The interim order passed on 10.06.2011 reads as follows: “There shall be an interim direction to respondents 1 to 3 to afford police protection to the petitioner to get the work in his establishment done without any obstruction from respondents 4 to 6. 5. We are satisfied that this petition can now be allowed as agreed. 6. In the result: a) This Writ Petition is allowed; b) Interim order dated 10.06.2011 extracted above is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.14342 of 2011-P 3 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14342 of 2011-P ***************************** Dated this the 10th day of June, 2011 W.P(C) No.14342 of 2011-P 4 ORDER BASANT, J. Service is complete. Respondents 4 to 6 have entered appearance through counsel. Counter affidavit has not been filed though sufficient time has already been granted. Counsel prays for further time. The learned Government Pleader submits that in the perception of the police officials, there is no dispute between the parties and the matter has been settled. The learned counsel for the petitioner does not accept that. The learned counsel prays that interim direction may be granted if respondents 4 to 6 are seeking further time. We are satisfied that interim direction can be issued. 2. There shall be an interim direction to respondents 1 to 3 to afford police protection to the petitioner to get the work in his establishment done without any obstruction from respondents 4 to 6 till the next date of posting. 3. Call on 17.06.2011. Counter affidavit, if any, shall be filed within 5 days with copy to the learned counsel for the petitioner. Reply affidavit if any shall be filed by the petitioner thereafter within 2 days with copy to the other counsel. W.P(C) No.14342 of 2011-P 5 (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/