IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 2441 of 2010(E) ------------------------------------- PETITIONER(S): ---------------------- 1. T.V.JAYAKRISHNAN GENERAL MANAGER, CANNANORE SPINNING AND WEAVING MILLS, KAKKAD, KANNUR. 2. M.NAZAR, LABOUR WELFARE OFFICER CANNANORE SPINNING AND WEAVING MILLS, KAKKAD, KANNUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ------------------------- 1. SREEPRAKASH P.V, DAIVATHANKANDI HOUSE PO ALVAIL,KANNUR-8. 2. RAJESH A, ALAKKAL HOUSE PO KUNHUPPALLI, KOTTALI, KANNUR-16. 3. BHANU T.C, SPINNING QUARTER NO.10 CANNANORE SPINNING AND WEAVING MILLS COLONY, KAKKAD, KANNUR-5. 4. MANOJ KUMAR K, NEAR TODDY SHOP, PAYYABNGALAM PARA, PO KOTTALI, KANNUR -16. 5. SUNIL RAJ K, KOYILANDI HOUSE PO THAYYIL, KANNUR-3 6. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR. 7. CIRCLE INPECTOR OF POLICE KANNUR TOWN POLICE STATION, KANNUR. R6 & R7 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2441 of 2010(E) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF CHARGE MEMO DATED 7.4.2009 ISSUED TO THE IST RESPONDENT. EXT.P2..TRUE COPY OF CHARGE MEMO DATED 7.4.2009 ISSUED TO THE 2ND RESPONDENT. EXT.P3..TRUE COPY OF CHARGE MEMO DATED 7.4.2009 ISSUED TO THE 3RD RESPONDENT. EXT.P4..TRUE COPY OF CHARGE MEMO DATED 7.4.2009 ISSUED TO THE 4TH RESPONDENT. EXT.P5..TRUE COPY OF CHARGE MEMO DATED 7.4.2009 ISSUED TO THE 5TH RESPONDENT. EXT.P6..TRUE COPY OF THE REPRESENTATION DATED 12.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2441 of 2010-E ---------------------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioners seek the following relief: “a). to issue a writ of mandamus or any other appropriate writ or order directing respondents 6 and 7 to provide adequate and effective police protection to the petitioner's person and family without any let or interference from respondents 1 to 5 their supporters and sympathizers.” 2. Briefly put, the case of the petitioners is as follows:-- Petitioners are the General Manager and the Labour Welfare Officer of Cannanore Spinning and Weaving Mills, a unit of National Textiles Corporation Limited under the Ministry of Textiles, Government of India. It is the case of the petitioners that the Ist respondent, a workman of the establishment who was suspended from the service on 5.3.2009 along with respondents 2 to 5 had assaulted the petitioners. It is stated that they were charge sheeted by Exts.P1 to P5. It is stated that a criminal case is also pending. It is further stated that the mill itself was closed and resumed functioning only on the basis of the orders of this Court. It is stated that a domestic enquiry was held against WPCNo.2441/2010 -2- respondents 1 to 5 and that disciplinary proceedings are being finalised. Respondents 1 to 5, according to the petitioners, have now started threatening the petitioners that petitioners will be visited with dire consequences if any disciplinary action is taken against them. Petitioners have filed Ext.P6 complaint before the 6th respondent. 3. Though served, there is no representation for respondents 1 to 5. We have already passed an interim order. We direct that as and when petitioners require protection as against respondents 1 to 5, respondents 6 and 7 will provide adequate and effective police protection for the personal safety of the petitioners and their family members as against respondents 1 to 5. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS