IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 25828 of 2009(W) -------------------------- PETITIONER(S): --------------- MANOJ BALAN, DIRECTOR, ALLOYS ENGINEERS (P)LTD., S.N.COLLEGE JUNCTION, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST CIRCLE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. 4. QUILON DISTRICT MOTOR AND MECHANICAL WORKERS UNION (CITU), REGISTER NO.263/69, CITU BHAVAN, KOLLAM-13, REPRESENTED BY ITS GENERAL SECRETARY, T.VENUGOPAL. 5. RAJESH KUMAR R., REMANI MANDIRAM, PUNUKANNOOR, PERUMPUZHA P.O., VAYANASALA JUNCTION, KOLLAM. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.P.B.SURESH KUMAR FOR R4 & 5 SRI.LEO GEORGE FOR R4 & 5 SRI.K.P.SUJESH KUMAR FOR R4 & 5 SMT.M.SRUTHY FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON 09/12/2009 DELIVERED THE FOLLOWING: WP(C).No. 25828 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THEACKNOWLEDGMENT DATED 3/9/2008 ISSUED BY THE DEPARTMENT OF INDUSTRIES TO THE PETITIOENR'S UNIT. EXT.P2: TRUE COPY OF THE LETTER DATED 25/8/2009 SENT BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3: TRUE COPY OF THE NOTICE DATED 7/9/2009 ISSUED BY THE DEPUTY LABOUR OFFICER, KOLLAM TO THE PETITIONER EXT.P4: TRUE COPY OF THE COMPLAINT DATED 9/9/2009 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXT.P4(A): TRUE COPY OF THE COMPLAINT DATED 9/9/2009 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.25828 of 2009 -------------------------------- Dated this the 9th day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is with filed with the following prayer :- 1. to issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to give adequate and effective Police Protection for opening petitioner's industrial unit and and for it's smooth functioning removing the obstruction from the members of the 4th respondent union, 5th respondent and their associates. 2. On 18/9/2009 this court passed the following order. “ Respondents 4 and 5 have no right to block the ingress and egress to the factory. There will be a direction to the Police to see that the ingress and egress to the factory run by the petitioner is not blocked”. The writ petition is disposed in terms of the said order making it clear that the parties shall abide by the final W.P(C) No.25828 of 2009 2 outcome of the proceedings initiated by the Deputy Labour Officer, Kollam as seen from Ext.P3. There will be a direction to the petitioner and party respondents to co-operate with the concliation proceedings. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn