IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 23145 of 2010(P) ---------------------------------------------- PETITIONER(S): --------------------- APOLLO TYRES LTD., REGD. OFFICE, 6TH FLOOR, CHERUPUSHPAM BUILDINGS, SHANMUGHAM ROAD, KOCHI-682 031. REPRESENTED BY MR.A.S.GIRISH, HEAD (HR & ADMN.). BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S): ------------------------- 1. APOLLO TYRES MAZDOOR SANGHAM (ATMS)(BMS) REGN.NO.08-10-1989, PERAMBRA P.O. -680 689, THRISSUR DISTRICT. 2. APOLLO TYRES WORKERS' MOVEMENT(ATWM), REGN.NO.07/05/00, PERAMBRA PO. -680 689, THRISSUR DISTRICT. 3. APOLLO TYRES STAFF & WORKERS' UNION (ATS & WU) (INTUC), REGN.NO.214/80, PERAMBRA PO-680 689, THRISSUR DISTRICT. 4. APOLLO TYRES EMPLOYEES UNION(ATEU)(CITU) REGN.NO.297/77, PERAMBRA-680 689, THRISSUR DISTRICT. 5. THE COMMISSIONER OF POLICE, ERNAKULAM, MARINE DRIVE, KOCHI-682 031. W.P.(C).NO.23145 OF 2010 P 6. ASST.CITY POLICE COMMISSIONER (LAW & ORDER), ERNAKULAM, CENTRAL POLICE STATION, CENTRAL POLICE STATION, KOCHI-682 018. ADV. SRI.N.NAGARESH FOR R1 SRI.T.V.VINU FOR R1 R2 TO R4 BY ADV. SHRI MANSOOR B.H. R5 & R6 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.23145 OF 2010 P PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF NOTICE OF ANNUAL GENERAL MEETING ISSUED BY PETITIONER DATED 28.5.2010. EXT.P2TRUE COPY OF POSTAL CARD DATED 14.7.2010. EXT.P3TRUE COPY OF LETTER DATED 14.7.2010 BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 23145 OF 2010 P --------------------------------------------------- Dated this the 26th July, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. Issue a writ of mandamus or other appropriate writ or order directing the 5th and 6th respondents to grant effective and adequate police protection to the petitioner Company and its shareholders to conduct and attend the Annual General Meeting on 29th July, 2010 from 9 a.m. till the conclusion of the Annual General Meeting to be held at the Kerala Fine Arts Theatre (Kerala Fine Arts Hall), Foreshore Road, Ernakulam. ii) Direct the 5th and 6th respondents to prevent the first respondent Union and the workmen from causing any obstruction to the WPC.23145/2010 P 2 holding of the annual General meeting or making any threats or intimidation to the share holders and others participating in the Annual General Meeting at the above place.” 2. Briefly put, the case of the petitioners is as follows: Petitioner has issued Ext.P1 notice for holding Annual General Body Meeting on 29.7.2010 at the Kerala Fine Arts Theatre (Kerala Fine Arts Hall), Foreshore Road, Ernakulam. Allegations are raised against respondents 1 to 4. It is stated that there is threat that the meeting will be obstructed. Learned counsel for the first respondent and the learned counsel appearing for respondents 2 to 4 submit that those respondents have no intention to cause any obstruction to the holding of the Annual General Body Meeting. Recording the said submission and further directing that in case there is any obstruction from respondents 1 to 4, respondents 5 and 6 shall provide adequate protection for the holding of the Annual General Body Meeting to be held on 29.7.2010 from 9 A.M. to the conclusion of the Meeting, the Writ Petition is disposed of. This Judgment will not WPC.23145/2010 P 3 stand in the way of respondents 1 to 4 holding peaceful protest and marches. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge