IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 25988 of 2011(W) ---------- -------------------------- PETITIONER: ---------------------- DR.JOY THOMAS, FATHIMA DENTAL CLINIC & SPECIALITY CENTRE, OPPOSITE OLD BUS STAND, MALAPPURAM ROAD, MANJERI 676 121. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. CIRCLE INSPECTOR OF POLICE, MANJERI 676 121. 3. SUB INSPECTOR OF POLICE NILAMBOOR POLICE STATION 679 329. 4. SANTHOSH, SON OF NADICHI, CHERUNNEL, PULLIPADAM, MAMBADU 676 542. 5. AKKAPALLI BABU,SON OF JOY, THORAKUNNU,PULLIPADAM,MAMBADU 676 542. 6. SHABARIKKAL PRASANTH KUMAR, SON OF GOPALAN, CHERUNNAL,PULLIPADAM,MAMBADU 676 542. 7. KAKKIRI ABOOBACKER, SON OF MUHAMMED, THORAKKUNNU, PULLIPADAM,MAMBADU, 676 542. ..2.. 8. KARANATH MANSOOR, SON OF MUHAMMED,KIZHAKKETHALA, PULLIPADAM,MAMBADU, 676 542. 9. NELLIKUNNATH VIJAYACHANDRAN, SON OF KUMARAN,CHERUNNAL, PULLIPADAM,MAMBADU, 676 542. 10. NELLIKUNNATH SUNDARAN, SON OF PARONGADAN,CHERUNNAL, PULLIPADAM,MAMBADU, 676 542. 11. KUNNATHODU BASHEER, THORAKUNNU,PULLIPADAM,MAMBADU, 676 542. R1 TO R3 BY SENIOR GOVT. PLEADER SRI.M.K.ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 25988 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1. TRUE COPY OF THE COMPLAINT DATED 09.09.2011 SUBMITTED TO THE 3RD RESPONDENT. EXHIBIT P2. TRUE COPY OF THE COMPLAINT DATED 17.9.2011 SUBMITTED TO THE DISTRICT LABOUR OFFICER, MALAPPURAM. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.25988 of 2011 -------------------------------------------------- Dated this the 10th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner who is a doctor and is conducting Fathima Dental Clinic & Specialty Center, has filed this writ petition seeking adequate police protection to his own life and the life of his employees from the threats and acts of violence and contumacious acts of violence apprehended from the part of respondent Nos.4 to 11. 2. This Court issued notice to the party respondents by special messenger. The notice could not be served on the parties apparently due to the negligence of the special messenger who was deputed by this Court. The petitioner is accordingly directed to take out notice by speed post. The notice taken out by speed post is yet to be returned . 3. The learned Government Pleader on the basis of the instructions from respondents 2 and 3 submitted that the party respondents are raising certain labour disputes. Even if the disputes raised by the party respondents are well founded, they W.P(C) No.25988 of 2011 2 are not entitled to take law into their hands and to cause danger to life of the petitioner and his employees. According to us even without waiting for service of notice by speed post on the party respondents, this writ petition can be disposed of with the following directions: i) The 3rd respondent will conduct further enquiries into Ext.P1. ii) As part of the enquiry the 3rd respondent can summon all the party respondents. iii) In the enquiry if it is revealed that there is threat to the petitioner or to the petitioner's workers who are working in the rubber plantation belonging to the petitioner, the 3rd respondent shall take requisite steps for protecting the life of the petitioner and the workers in his rubber plantation. 4. There will be a further direction that if and when further complaints are received from the petitioner alleging threats, assaults etc. from the part of the party respondents, the 3rd respondent shall conduct prompt enquiries and shall take steps on the basis of the facts revealed in such enquiries. We make it clear that this judgment is not intended to interdict the party respondents from agitating for their claims W.P(C) No.25988 of 2011 3 against the petitioner peacefully and in a manner as not obstructing the entry of the petitioner and the petitioner's willing workers to the rubber estate. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab