IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 29972 of 2011(V) ---------------------------------- PETITIONER(S): -------------------- PRIJITH PRATHAPAN, MANAGER, M/S.SIDHARTHA BAR & HOTEL (M/S.DALE AND CARRINGTON INVESTMENT PVT.LTD) RAILWAY STATION ROAD, CHALAKUDY, THRISSUR DISTRICT BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): -------------------- 1. K.S.RADHAKRISHNAN, S/O.SEKHARAN, KANNUKATTIL HOUSE, P.O.THANISSERY IRINJALAKUDA PIN - 680701. 2. T.C.NARAYANAN, S/O.KRISHNAN NAIR, KUNNAKAVIL HOUSE, PALAGAT HOUSE, NAIKANAL, NEAR VIVEKHODAYA SCHOOL, THRISSUR, PIN - 680001. 3. C.P.PRAMODH, S/O.PRABHAKARAN, CHEEROTH HOUSE, P.O.KUNNATH VENGIDAGU. PIN - 680510 4. V.M.JANARDHANAN, S/O.MANIKYAN, VADAKEDATH HOUSE, P.O.ALATHUR, ANNAMANADA, MALA, PIN - 680741. 5. VINOD K.K., S/O.KUMARAN, KALAPURAKKAL HOUSE, P.O.EDATHIRUTHY, THRISSUR, PIN - 680703. svs ...........2/-.... ....2.... WPC. NO.29972/2011 6. V.R.ROMY, S/O.RAVEENDRAN, VADAKEDATH HOUSE, P.O.KODANOOR, PALLIKULAM, TRISSUR. 7. PRAMODH.M., S/O.MANI, ELLYANKAD HOUSE, P.O.PERUVAMBO, PALAKKAD. 8. K.SAJEEV, S/O.KANNAN, KANJIRAMKADU HOUSE, KOOTTALA P.O., PALAKKAD. 9. RADHAKRISHNAN T.P., S/O.DHAMODHARAN, THATTIL HOUSE, THALIKULAM P.O., THRISSUR, PIN - 680569. 10. T.P.JOHNY, PRESIDENT, HOTEL & BAR THOZHILALI UNION (CITU), RAILWAY STATION ROAD, CHALAKUDY, PIN - 680307. 11. M.T.PAULOSE, SECRETARY, HOTEL & BAR THOZHILALI UNION (CITU), RAILWAY STATION ROAD, CHALAKUDY, PIN - 680307. 12. THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY PIN - 680307. 13. THE CIRCLE INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY PIN - 680307. 14. THE DEPUTY SUPERINTENDENT OF POLICE, CHALAKUDY, PIN - 680307. R1-11 BY ADVS. SRI.ASOK M.CHERIAN SRI.K.SASIKUMAR R12 TO R14 BY SR. GOVT. PLEADER SRI. M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29972/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPROVAL GRANTED BY THE UNION GOVERNMENT TO CONVERT THE HOTEL TO A THREE STAR HOTEL. P2: COPY OF THE BUILDING PERMIT ISSUED BY THE CHALAKKUDY MUNICIPALITY. P3: COPY OF THE RETRENCHMENT NOTICE ISSUED TO ONE OF THE EMPLOYEE. P4: COPY OF THE PETITION DATED 3-11-2011 SUBMITTED BY THE PETITIONER BEFORE THE 12TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.29972 of 2011 -------------------------------------------------- Dated this the 23rd day of November, 2011 J U D G M E N T Pius C. Kuriakose, J In this writ petition filed under Article 226, the Manager of M/s.Siddhartha Bar & Hotel is seeking police protection for the renovation and construction works of the buildings belonging to the petitioner firm as well as for ingress and egress of the willing employees of the petitioner and for transportation of construction materials. We shall first deal with the prayer for protection for life. Obviously the prayer is the protection for life of the management personnel of the petitioner firm. It was submitted by Mr.M.K.Aboobacker, the learned Senior Government Pleader that Ext.P4 complaint submitted by the petitioner was enquired into and the enquiry revealed that there is some commotion on account of the agitation launched by the striking workers. The learned Government Pleader assured that the police will always ensure that law and order should be maintained. We record the submissions of the learned Senior Government Pleader and direct the 12th respondent to keep vigil W.P(C) No.29972 of 2011 2 and ensure that no danger is caused to the life of the managerial personnel of the petitioner firm. 2. We shall now deal with the other prayer. A detailed counter affidavit has been filed on behalf of respondents 1 to 11. A reading of the counter affidavit will show that those respondents are the construction workers voicing many grievances. But it is further seen that they have already approached the District Labour Officer who has initiated conciliation proceedings. The complaint of the party respondents is that the petitioner firm is not co-operating with the conciliation proceedings presently initiated by the District Labour Officer. We direct the partners and managerial personnel of the petitioner firm to co-operate with the conciliation proceedings which have been initiated by the District Labour Officer, Thrissur, so that hopefully an amicable settlement can be arrived at on the issues between the petitioner and the party respondents. 3. Now we come to the last question whether the protection sought for renovation of the building of the petitioner can be granted. While it is true that the workers and party respondents are entitled to agitate peacefully for redressal of W.P(C) No.29972 of 2011 3 their grievances they have no right to interfere with the construction of the renovation works being carried out. If the conciliation proceedings end in their favour, it is in their interest that renovation works should be completed. We therefore direct the 12th respondent to afford protection to the partners and management personnel of the petitioner firm for carrying out the renovation work of their hotel building, if such renovation works are obstructed by any of the party respondents. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// P.A to Judge ab