IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 2186 of 2009(I) ------------------------------------ PETITIONER(S): ------------------------ PRADEEP.P, S/O. PANKAJAKSHAN, PROPRIETOR, THAYYIL AGENCIES, MAHADEVIKAD.P.O, KARTHIKAPPALLY, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, HARIPAD. 2. THE SUB INSPECTOR OF POLICE, THRIKKUNNAPUZHA POLICE STATION. 3. GOPI PILLAI, PUTHUPURAKKAL HOUSE, MAHADEVIKAD.P.O, KARTHIKAPPALLY. 4. VIJAYAN, ELANJIKKAL HOUSE, -DO- 5. SATHIYAPPAN, POOVATHARAYIL, ERIKKAVU.P.O, KARTHIKAPPALLY. * ADDL.R6 & R7 IMPLEADED * ADDL.R6: THE DISTRICT LABOUR OFFICER, ALAPPUZHA. * ADDL.R7: THE ASSISTANT LABOUR OFFICER, HARIPAD. * THE ABOVE PERSONS ARE IMPLEADED AS ADDL.RESPONDENTS 6 AND 7 AS PER ORDER DATED 27/1/09 IN I.A.NO.1190/09. R1 & R2, R6 & R7 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.2186/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER, HARIPAD DATED 16/7/2007. P2 COPY OF THE RECEIPT DATED 133/2008 ISSUEDBY THE SECRETARY,KARTHIKAPPALLY PANCHAYATH FOR THE LICENSE FEE DATED. P3 COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER, HARIPAD UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT DATED 23/3/2003. P4 COPY OF THE COMPLAINT DATED 19/1/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.2186 of 2009-I ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. This petition for police protection filed as early as on 20.01.2009 is remaining on file without disposal even now. The matter came up for hearing last on 27.01.2009 and interim relief was granted by the Bench which dealt with the matter to the following effect. “Interim relief as prayed for is granted provided the area in question is not a scheme covered area.” Respondents 3 to 5 were served, but they have not chosen to enter appearance and resist the prayer of the petitioner or the interim order passed. 2. The Registry listed this old matter for hearing and disposal. But when it came up on 14.03.2011, the learned Government Pleader submitted that the area in question is a scheme covered area and therefore the interim order is not liable to be made absolute. Accordingly the matter has been posted to this day for hearing and disposal. W.P(C) No.2186 of 2009-I 2 3. Today when the matter came up for hearing, the learned Government Pleader submits that it has been now clarified that the area is not a scheme covered area. The learned Government Pleader submits that interim order has remained in force from 27.01.2009 and there has been absolutely no threat against the petitioner during the interregnum. In these circumstances, the learned Government Pleader submits that it is not necessary now to issue any direction under Article 226 of the Constitution. 4. If there be any such threat, the police shall afford protection to the petitioner, submits the learned Government Pleader. 5. We are, in these circumstances, satisfied that no direction under Article 226 of the Constitution need or deserves to be issued now. We accept the submission of the learned Government Pleader that no circumstances exist now warranting issue of directions under Article 226 of the Constitution. We accept the submission of the learned Government Pleader that in case there is any threat, adequate police protection shall be afforded. W.P(C) No.2186 of 2009-I 3 Accepting these submissions of the learned Government Pleader, this Writ Petition is dismissed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/