IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 5275 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------- T.K.MATHEW,S/O.KURUVILA,AGED 52 YEARS, THARAPPEL HOUSE,ANTHINADU.P.O,KOTTAYAM DISTRICT, PIN-686 651. BY ADV. SRI.C.J.JOY RESPONDENT(S): ---------------------------- 1. THE DY.SUPERINTENDENT OF POLICE, PALA, KOTTAYAM DISTRICT - 686 001. 2. THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA,PALA,KOTTAYAM DISTRICT - 686 001. 3. THE SUB-INSPECTOR OF POLICE,MELUKAVU MATTOM POLICE STATION,PALA,KOTTAYAM DISTRICT - 686 575. 4. HEAD LOAD WORKERS UNION,(CITU), KOLLAPALY UNIT,KOLLAPALLY REP.BY ITS CONVENOR BABU ALEX,ANTHINAD.P.O,PALA,KOTTAYAM DISTRICT - 686 651. 5. BABU ALEX, PANAKKAL HOUSE,KUDUKKACHIRA PO, PALA,KOTTAYAM DISTRICT - 686 144. 6. KURIAKOSE JOSEPH,SECRETARY,POONJAR GENERAL LOAD WORKERS UNION(CITU), KOLLAPPALLY UNIT,ANTHINADU.P.O,PALA, KOTTAYAM DISTRICT - 686 651. 7. MANI,S/O.KUMARAN,KAPPIL HOUSE, ANTHINADU.P.O,PALA,KOTTAYAM DISTRICT - 686 575. 8. THANKAN,S/O.VARGHESE,KUMMANI HOUSE, KADANADU.P.O,PALA,KOTTAYAM DISTRICT - 686 575. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5275/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF RECEIPT DTD. 27/01/2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P2: COPY OF THE REPRESENTATION DTD. 1/02/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P2(A): COPY OF THE REPRESENTATION DTD. 1/02/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P2(B): COPY OF THE REPRESENTATION DTD. 1/02/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 7/02/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P3(A): COPY OF THE REPRESENTATION DTD. 7/02/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3(B): COPY OF THE REPRESENTATION DTD. 7/02/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 11/02/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P4(A): COPY OF THE REPRESENTATION DTD. 11/02/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P4(B): COPY OF THE REPRESENTATION DTD. 11/02/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P5: COPY OF THE FIR IN CRIME NO.36/2011 REGISTERED BY THE 3RD RESPONDENT AGAINST RESPONDENT 5 TO 8. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 5275 OF 2011 H ----------------------------------------------------------- Dated this the 12th April, 2011. JUDGMENT Basant, J. Service is complete. There is no appearance for the party respondents. Learned counsel for the petitioner points out that on 22-11-2011 the Bench which dealt with the matter had issued the following directions: “On the basis of that submission, we, however, issue an interim order directing that adequate protection will be afforded to the petitioner and his workers for loading, unloading and stacking materials in the godown situated in the residential compound of the petitioner until further orders.” The learned counsel for the petitioner accepts and the learned Govt. Pleader submits that adequate police protection in terms of the interim order is being given. The learned counsel for the petitioner in these circumstances submits that the petitioner shall be satisfied if the said interim order is made absolute. In the absence of any opposition from the party respondents it is prayed that the said direction which has remained in force WPC 5275/2011 2 from 22-2-2011 may be made absolute. The learned Govt. Pleader also agrees to the said course. We are satisfied that the said request can be accepted. 2. In the result; a) This petition is allowed. b) The interim order issued on 22-2-2011 extracted above is made absolute. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 5275/2011 3