IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 16021 of 2009(W) -------------------------- PETITIONER(S): --------------- EXPRESS PUBLICATIONS, (MADURAI) LTD., EXPRESS HOUSE, KALOOR, KOCHI-17, REPRESENTED BY ITS GENERAL MANAGER, KERALA, MR. SUNIL NAMBIAR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM. 2. COMMISSIONER OF POLICE, KOCHI CITY. 3. CIRCLE INSPECTOR OF POLICE, KASABA POLICE STATION, ERNAKULAM NORTH. 4. THE NEW INDIAN EXPRESS EMPLOYEES ASSOCIATION (KERALA), KALOOR, KOCHI-17. BY GOVT. PLEADER SRI.P.A.SALIM (R1 TO R3) BY ADV. SRI.A.N.RAJAN BABU FOR R4 SMT.K.SUNITHA VINOD FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.16021 of 2009 EXT.P1 TRUE COPY OF THE LETTER DATED 16.5.2009 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KASABA POLICE STATION, EKM NORTH. EXT.P3 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, TRIPPUNITHURA POLICESTATION. EXT.P4 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, CHERANELLOOR POLICE STATION. EXT.P5 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, ELOOR POLICE STATION. EXT.P6 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, PALARIVATTAM POLICE STATION. EXT.P7 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION. EXT.P8 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION. EXT.P9 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, ELOOR POLICE STATION. EXT.P10 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KADAVANTHARA POLICE STATION. EXT.P11 TRUE COPY OF THE LETTER DATED 19.5.2009 ADDRESSED BY THE PETITIONER TO THE STATION HOUSE OFFICER, KAKKANAD POLICE STATION. EXT.P12 TRUE COPY OF LETTER DATED 22.5.2009 ADDRESSED TO THE 3RD RESPONDENT BY C.A.ABU, SENIOR LIFT OPERATOR COMPLAINING OF THREAT TO HIS LIFE. EXT.P13 TRUE COPY OF LETTER DATED 25.5.2009 ADDRESSED TO THE 3RD RESPONDENT BY C.A.ABU, SENIOR LIFT OPERATOR COMPLAINING OF THREAT TO HIS LIFE. EXT.P14 TRUE COPY OF THE LETTER DATED 2.6.2009 ADDRESSED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P15 TRUE COPY OF THE LETTER DATED 5.6.2009 SUBMITTED BY MR.KURIAS N.CHACKO BEFORE THE POLICE. EXT.P16 TRUE COPY OF THE LETTER DATED 8.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 16021 OF 2009 ------------------------------- Dated this the 29th June, 2009 J U D G M E N T Raman, J. The petitioner who is a printer and publisher of a leading National Daily, alleging acts of violence and obstruction infringing the right of the petitioner to carry on the business, resorted to by 4th respondent Union and its supporters, and despite approaching the police and finding that no protection is forthcoming, has filed this writ petition seeking appropriate reliefs. 2. At the time of admission, this Court granted an interim order directing respondents 2 and 3 to give necessary protection to maintain law and order and to see that no physical obstruction is caused to the ingress and egress of the establishment. It was subsequently extended and still continues in force. W.P.(C) No.16021/2009 2 3. In the mean time, the fourth respondent has filed a detailed counter affidavit wherein it is specifically averred that no physical obstruction of any nature is caused and they are only resorting to the peaceful agitation to the press for their demands. 4. The learned Government, on the other hand, would submit that necessary police personnel have been deputed to see that no untoward incident happens and there is no obstruction to the ingress and egress of the establishment. 5. Though the learned counsel appearing for the petitioner submits that there was only one occasion, while the interim order was in force, where an auto rickshaw came to the establishment to remove the waste was obstructed. However, it is also admitted that subsequently police have come and as at present, there is no obstruction. Considering the facts situation, we are of the view that no further orders need to be issued except to make the interim order absolute. W.P.(C) No.16021/2009 3 Accordingly, the writ petition is disposed of, making the interim order absolute. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.