IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 13688 of 2011(I) -------------------------- PETITIONER(S): --------------- 1. AVIVA LIFE INSURANCE COMPANY INDIA LIMITED, 3RD FLOOR, REMA PLAZA, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695001, REP. BY ITS ASSOCIATE VICE PRESIDENT MR.GIJY JOY. 2. MR.GIJY JOY, ASSOCIATE VICE PRESIDENT, AVIVA LIFE INSURANCE COMPANY INDIA LIMITED, 3RD FLOOR, REMA PLAZA, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695001. 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. MR.JACOB JOJI, STATE SECRETARY, INDIAN FINANCIAL STAFF AND AGENTS CONGRESS (IFSAAC), HOUSE NO.11, DR.GEETHA MATHEW NAGAR, KOZHENCHERRY, PATHANAMTHITTA-689641. 2. THE DIRECTOR GENERAL OF POLICE, (LAW & ORDER), THIRUVANANTHAPURAM-695001. 3. THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM-695001. 4. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA-689101. WP(C).No. 13688/ 2011 5. THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM-686001. 6. THE SUB INSPECTOR OF POLICE, ERNAKULAM (CENTRAL) POLICE STATION, ERNAKULAM, KOCHI-682031. 7. THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR, PIN-680001. 8. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE-673011. 9. THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR-670003. * ADDITIONAL R10 AND R11 IMPLEADED 10. INTUC STATE COMMITTEE INTUC STATE COMMITTEE OFFICE 15/200, UDHARASIROMANI ROAD, SASTHAMANGALAM POST VELLAYAMBALAM, TRIVANDRUM - 695 010. 11. INTUC DISTRICT COMMITTEE INTUC DISTRICT COMMITTEE OFFICE MALLMALA LANE, KODIMATHA POST, KOTTAYAM - 37. REPRESENTED BY ITS DISTRICT SECRETARY ARE IMPLEADE AS ADDL. 10TH & 11TH RESPONDENTS AS PER ORDER DATED 1/6/1 IN I.A. 8259/11 R1 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA R2 TO R9 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13688/ 2011 APPENDIX PETITIONR'S EXHIBITS: P1 : COPY OF LIST CONTAINING THE ADDRESS OF THE BRANCHES OF THE 1ST PETITIONER-COMPANY LOCATED IN THE STATE OF KERALA. P2 : COPY OF COMPLAINT DATED 5.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P3 : COPY OF COMPLAINT DATED 5.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. P4 : COPY OF COMPLAINT DATED 5.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT. P5 : COPY OF COMPLAINT DATED 6.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 7TH RESPONDENT. P6 : COPY OF COMPLAINT DATED 6.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 8TH RESPONDENT. P7 : COPY OF COMPLAINT DATED 6.5.2011 FILED BY THE 1ST PETITIONER BEFORE THE 9TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.13688 OF 2011 ............................................. Dated this the 23rd day of June, 2011. JUDGMENT Basant, J: The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 2 to 9 to afford police protection to them for peacefully running their business activities against the threat emanating from the first respondent. Subsequently the petition was amended to array respondents 10 and 11 also as parties as the petitioners' apprehend violence on the part of those respondents also. 2. Respondents 1, 10 and 11 have entered appearance. No counter affidavit has been filed. Today when the case was called, there is no representation for the petitioners. 3. We note that it was undertaken on behalf of respondents 1,10 and 11 that the work of the petitioners' branches shall not be obstructed by them till the disposal of this petition. 4. The learned counsel for the petitioners submits that in the absence of any opposition from respondents 1, 10 and 11, the said interim direction on the basis of the undertaking W.P.(C).NO.13688 OF 2011 : 2 : given by respondents 1, 10 and 11 may be made absolute. 5. We are satisfied in these circumstances that this petition can be allowed and appropriate directions can be issued. 6. In the result: a. This petition is allowed. b. Respondents 2 to 9 are directed to afford protection to the petitioners for the peaceful running of their branches without any illegal obstruction from respondents 1, 10 and 11. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. cl /true copy/ P.S. to Judge.