IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26148 of 2011(P) ------------------------------------ PETITIONER(S): ----------------------- SIBY STEPHEN, S/O.STEPHEN, NJARALAKKAT THURUTHIYIL HOUSE, KOTHANELLUR P.O., KOTTAYAM. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S): ------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 686 001 2. THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM. 686 001 3. SUKU, HEADLOAD WORKER, I.N.T.U.C.UNION, NAGAMBADAM, KOTTAYAM. 686 001 4. KUTTAN, HEADLOAD WORKER, I.N.T.U.C.UNION NAGAMBADAM, KOTTAYAM. 686 001 R1 AND R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26148 of 2011(P) APPENDIX PETITIONER(S) EXHIBITS : EXT.P-1 A TRUE COPY OF THE PETITION BEFORE THE 2ND RESPONDENT DATED 25.9.2011 EXT.P-2 A TRUE COPY OF THE PETITION BEFORE THE 1ST RESPONDENT DATED 26.9.2011 EXT.P-3 A TRUE COPY OF THE O.P.TICKET DATED 26.9.2011 IN THE NAME OF THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26148 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011. JUDGMENT P. BHAVADASAN, J. In this writ petition under Article 226 of the Constitution of India the petitioner is seeks a direction to respondents 1 and 2 to afford adequate protection to the petitioner and his workers to carry on aluminum fabrication work and such other allied works. This court issued notice on admission and after hearing the parties had passed an interim order which reads as follows: “The second respondent is directed to conduct an independent enquiry into the allegations contained in Ext.P1 complaint if not already conducted. If the enquiry reveals that there is threat to the life of the petitioner and workers engaged by him for carrying on Aluminum fabrication work in his unit by name 'Vintek' at the site of Four Square Plaza, Nagambadam, Kottayam, he will take such action as is necessary for protecting the lives WPC.26148/2011. 2 of the petitioner and his workers from any danger. The second respondent will conduct immediate visit of the petitioner's site at 'Four Square Plaza', Nagambadam, Kottayam and if during such visit he is convinced that the claims by respondents 3 and 4 are for 'Nokku cooli' for materials already unloaded, he will ensure that the petitioner is able to carry out the fabrication work with utilizing such materials. We make it clear that this interim order is not intended to cause any prejudice to the claims raised by respondents 3 and 4 against the petitioner and his unit.” 2. Even though the party respondents have been served with notice, they have not entered appearance so far and therefore the averments in the writ petition remain unchallenged. 3. Learned Government Pleader submits that there is some dispute regarding the wages to be paid to the party respondents. If the party respondents have any such grievance, they can agitate their claim for recovery of amounts due to them before the appropriate forum. Since the interim order passed by this court sufficiently protects WPC.26148/2011. 3 the interest of the petitioner, it is not necessary to pass any fresh orders, but only needs to confirm the interim order. Accordingly, we dispose of this writ petition making the interim order absolute. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE sb.