IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932P WP(C).No. 13848 of 2010(E) -------------------------- PETITIONER: --------------- TRAVANCORE DEVASWOM EMPLOYEES FRONT NANTHANCODE, THIRUVANANTHAPURAM REPRESENTED BY ITS PRESIDENT CHAVARA GOPAKUMAR BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENTS: --------------- 1. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 2. ELECTION BOARD (REFERENDUM) TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS CHAIRMAN, DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 3. RETURNING OFFICER OF THE REFERENDUM TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM 4. TRAVANCORE DEVASWOM BOARD,REPRESENTED BY SECRETARY, THIRUVANANTHAPURAM. 5. TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION,THIRUVANANTHAPURAM,REPRESENTED BY ITS GENERAL SECRETARY P. CHANDRAN. GOVERNMENT PLEADER SRI.BENJAMINE PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC & C.K.ABDUL REHIM, JJ ------------------- W.P.(C).13848/2010 -------------------- Dated this the 6th day of May, 2010 JUDGMENT Antony Dominic, J Heard the learned counsel for the petitioner, learned Government Pleader on behalf of the 1st respondent, learned Standing counsel appearing for respondents 2 to 4 and the learned counsel appearing for the 5th respondent. 2. It is not in dispute that the referendum to determine the representative capacity of trade Unions is scheduled to be held on 10.5.2010, ballot boxes are to be transported and votes are to be counted on 12.5.2010. The writ petition has been filed by the petitioner, one of the trade unions, apprehending trouble both on the occasion of polling at the 20 polling stations, during transport of ballot boxes, its storage and at the venue of the counting, at the instance of the 5th respondent, yet another trade union, which now enjoys the status of recognition. W.P.(C).13848/10 2 3. Learned Standing Counsel for the 4th respondent informs that on 4.5.2010 they have already made a representation to the Director General of Police, requesting him to provide adequate police protection on the aforesaid occasions. On instructions, learned Government Pleader also informs that the DGP has issued appropriate orders in this behalf on 5.5.2010 itself. These allegations are denied by the counsel for the 5th respondent, who submits that they are only resorting to legal means for continued enjoyment of recognized status and also states that the case filed by them is pending before the Apex Court. 4. Having regard to the fact that as at present, referendum is to take place on 10.5.2010, ballot boxes are to be transported and votes are to be counted, it is necessary that smooth conduct of referendum should be ensured. Having regard to the apprehensions of the petitioners and the request made by the 5th respondent, we direct the 1st respondent to ensure that adequate police protection is provided at the polling stations, for W.P.(C).13848/10 3 transporting the ballot boxes to the headquarters of the 4th respondent, its safe storage and also on the occasion when votes are counted on 12.5.2010. Writ petition is disposed of as above. ANTONY DOMINIC, Judge C.K.ABDUL REHIM Judge mrcs