IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 30077 of 2010(H) ------------------------- PETITIONER : -------------------- M/S.AMPADIYIL GRANITES, VALLICODE, KOTTAYAM P.O., PATHANAMTHITTA-689656 REPRESENTED BY ITS PROPRIETOR, SRI.SADANANDAN. BY ADVS. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): -------------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA. 3. SUB INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA. 4. SOMARAJAN K., SINCHU BHAVAN, AIKAD P.O., KODUMON, ADOOR, PATHANAMTHITTA. 5. PATHANAMTHITTA JILLA PRIVATE MOTOR & ENGINEERING MAZDOOR SANGH, BMS OFFICE, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY T.G.GOPINATHAN. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA R4 & R5 BY ADVS. SRI.N.NAGARESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 30077 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMPLAINT DATED 23.09.2010 FILED BEFORE THE 2ND RESPONDENT. EXT.P1(a) : COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a) : COPY OF MEMORANDUM OF SETTLEMENT DATED 6.4.2010 OF M/S. AMPADIYIL GRANITES. EXT.R4(b) : COPY OF MEMORANDUM OF SETTLEMENT DATED 4.3.2010 OF M/S. J & S GRANITES. EXT.R4(c) : COPY OF THE LETTER DATED 30.8.2010 SUBMITTED TO THE PETITIONER. EXT.R4(d) : COPY OF THE LETTER DATED 27.9.2010 TO THE ASSISTANT LABOUR COMMISSIONER. //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.30077 of 2011 ------------------------------------------- Dated this the 9th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court claiming issue of directions under Article 226 of the Constitution to afford police protection for the life of the petitioner and his properties. When this matter came up for hearing on 30.9.2010, the Bench which dealt with the matter did not accept the prayer for interim order on the whole, but issued directions to the following effect: “Police will ensure that law and order is maintained and any complaint of threat to life is properly taken care of.” 2. Respondents 4 and 5 have entered appearance. According to them, they have absolutely no intention to disturb law and order or to cause any threat to the life of the petitioner. They have no objection if the interim order is made absolute and this proceedings are closed. They, however, want to make it very clear that this order cannot deliver any advantage to the petitioner in the labour wpc No.30077/2010 2 dispute which is pending between the petitioner and respondents 4 and 5. 3. The learned counsel for the petitioner submits that the petitioner does not want to claim any relief in respect of the labour dispute that has been raised between the petitioner and respondents 4 and 5. With liberty to him, to pursue reliefs in the said labour dispute before appropriate forum, this petition can now be closed, submits the learned counsel for the petitioner. 4. The learned Government Pleader, after taking instructions, submits that in the perception of the police officials, there is no threat to the life of the petitioner and if there be any such threat, adequate and appropriate action shall be taken by respondents 1 to 3. 5. We note that the interim order remain in force from 30.9.2010. We accept the request of all concerned that the interim order dated 30.9.2010 extracted above can be accepted and this proceedings closed making it clear that the said order will not deliver any advantage to the petitioner in the labour dispute between the petitioner and respondents 4 and 5. wpc No.30077/2010 3 In the result; a) This petition is allowed. b) The interim order dated 30.9.2010 is made absolute with the above observations. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/