IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7904 of 2011(K) ------------------------- PETITIONER(S): ------------------------ 1. ZURI HOSPITALITY PRIVATE LTD.CORPORATE OFFICE, IST FLOOR, AGNI BLOCK, SALARPURIA GR TECH PARK, WHITEFIELD ROAD,BENGALURU 560 066,REP.BY ITS GENERAL MANAGER MR.DAVID F.PAGE. 2. MR.DAVID F.PAGE,GENERAL MANAGER, THE ZURI KUMARAKOM, KERALA RESORT & SPA,V.235 A1 TO A54,KAROTTUKAYAL,KUMARAKAOM, KOTTAYAM, 686 563. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH MENON RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. SUPERINTENDENT OF POLICE,KOTTAYAM 686004 3. DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM 686 002. 4. THE SUB INSPECTOR OF POLICE, KUMARAKOM POLICE STATION,PIN 686 563. 5. KOTTAYAM TALUK HOTEL & BAKERY WORKERS UNION(CITU),CPI(M) AREA COMMITTEE OFFICE, KOTTAYAM 686 001, REP.BY ITS SECRETARY,P.D.SURESH. BY GOVERNMENT PLEADER SRI.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7904 of 2011(K) ------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE LETTER DATED 24.02.2011 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER. EXT.P2. COPY OF THE PHOTOGRAPHS OF POSTER PASTED AT THE ENTRANCE AND INSIDE THE HOTEL. EXT.P3. COPY OF THE PHOTOGRAPHS OF POSTER PASTED AT THE ENTRANCE AND INSIDE THE HOTEL EXT.P4. COPY OF THE PHOTOGRAPHS OF POSTER PASTED AT THE ENTRANCE AND INSIDE THE HOTEL. EXT.P5. COPY OF THE PHOTOGRAPHS OF POSTER PASTED AT THE ENTRANCE AND INSIDE THE HOTEL. EXT.P6. COPY of the COMPLAINT DATED 07.03.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7. COPY OF THE CHARGE SHEET ISSUED TO MR.NIJAB MUHAMMED DATED 5.2.2011. EXT.P8. COPY OF THE ENQUIRY NOTICE DATED 22.2.2011 ISSUED BY THE PETITIONER. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.7904 of 2011 ------------------------------------------- Dated this the 22nd March, 2011 JUDGMENT Basant, J. The petitioners, a Company and its General Manager have come to this Court with this petition for issue of directions under Article 226 of the Constitution to respondents 2 and 4 - all police officials under the first respondent State, to afford protection to them against illegal, contumacious, culpable and violent conduct of respondent No.5 and its members. 2. According to the petitioners, the first petitioner company is running a Five Star Delux hotel. The company was obliged to initiate disciplinary proceedings against one Nijab Mohammed, a driver employed by the company. He was placed under suspension. Domestic enquiry has been ordered. According to the petitioners, the proceedings of the domestic enquiry has already commenced. Respondent No.5 and its members at this juncture are obstructing the peaceful and orderly running wpc No.7904/2011 2 of the hotel of the petitioners. They are causing violent obstruction. It is in these circumstances prayed that protection may be ordered, as requested. 3. Respondent No.5 has been served. There is no appearance for respondent No.5. The learned counsel for the petitioners submits that the fifth respondent is not a recognized union representing employees of the petitioners. It is an outside union which has nothing to do with the employees of the petitioners. 4. The learned Government Pleader after taking instructions, submits that posters have been put up as alleged by the petitioners and the police do perceive merit in the apprehension of illegal obstruction entertained by the petitioners. 5. Having considered all the relevant inputs, we are persuaded to agree that directions under Article 226 can be issued in favour of the petitioners. 6. In the result, a) This writ petition is allowed. b) Respondents 2 to 4 are directed to afford adequate and sufficient protection to the petitioners wpc No.7904/2011 3 against any illegal, contumacious and violent acts on the part of respondent No.5 and its members. It is made specifically clear that this order shall not in any way fetter the rights of the respondent No.5 or its members to hold peaceful demonstrations, but in any view of the matter ingress and egress to the hotel by the petitioners, the other willing employees held on the rolls of the hotel and customers of the hotel shall not in any way be obstructed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/