IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 290 of 2011(I) ---------------------------------- PETITIONER(S): ------------------------ 1. FRANCIS V.J. @ SONY FRANCIS, LISO BHAVAN, VELIMPAAMBIL POOMKAVU PATHIRAPPALLY P.O., ALAPPUZHA - 688521. 2. ELIYAMMA FRANCIS, W/O. FRANCIS V.J. RESIDING AT -DO-. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): -------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001. 2. CIRCLE INSEPCTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA - 688 007. 3. JOSEY THOMAS, KODUTHERI PURAYIDOM, OMANAPUZHA P.O., KATTOOR, ALAPPUZHA-688 546 4. XAIER M.A., MOONNATTUM MUKATH, PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA-688521. 5. JOSEPH.M.T.MAVUNKAL, PATHIRAPPALLY P.O. POOMKAVU, ALAPPUZHA 688521. 6. SATHYAPPAN K.S. KODIVEEDU PURAYIDOM, KANJIRAMCHIRA, ALAPPUZHA - 688005. 7. JOY V.G.VALIYAVEEDU, THUMPOLI P.O. ALAPPUZHA - 688008. 8. SHAJI V.R.VELIYIL VEEDU, PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA - 688521. sts WP(C)N0.289/2011 9. JOHN P.T.,POLLAYIL PATHIRAPPALLY P.O. POOMKAVU, ALAPPUZHA - 688 521. 10. MARTIN K.L. KALRICKAL, PATHIRAPPALLY P.O POOMKAVU, ALAPPUZHA - 699 521. 11. YESUDAS K.Y. KURISUNKAL, THUMPOLY P.O. MANGALAM, ALAPPUZHA - 688 008. 12. BAIJU K., MATHANADU HOUSE, PATHIRAPPALLY P.O., PATHIRAPPALLY, ALAPPUZHA - 688 521. 13. ALBIN V.A VELIYIL VEEDU, KANJIRAMCHIRA P.O.MANGALAM, ALAPPUZHA - 688 005. 14. ANILKUMAR C.S.,CHANNAPARAMBIL HOUSE, PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA - 688 521. 15. JOSEPH V.A., ALUMKAL HOUSE, PATHIRAPPALLY P.O. POOMKAVU, ALAPPUZHA - 688 521. 16. VARGHESE V.J.,VALIYAVEDU, PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA - 688521. 17. JOSEPH P.X.PALLIKKETHAYIL PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA - 688521. 18. GEORGE T.J. THARAMEL, PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA - 688521. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R3 TO R18 BY ADV. SRI.G.PRIYADARSAN THAMPI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.290/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 16/10/2010 ISSUED BY THE PETITIONER. P2 COPY OF THE NOTICE DATED 1/12/2010 ISSUED TO THE PETITIONER BY THE D.L.O. ALAPPUZHA. P3 COPY OF THE PETITION DATED 31/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.290 of 2011 ***************************** Dated this the 20th day of January, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court with this petition seeking issue of directions to respondents 1 and 2 under Article 226 of the Constitution of India to afford protection to them against the wanton and contumacious conduct of respondents 3 to 18. The petitioners are a couple. The 1st petitioner is the proprietor of a small scale industrial unit. Respondents 3 to 18 are workers of that unit. There are certain disputes between the employer and the employees. The petitioners have come to the Court with the grievance that respondents 3 to 18 are indulging in objectionable conduct causing obstruction to the petitioners and their relatives entering the house of the petitioners. Police was not taking any action to afford protection. It is, in these circumstances, that the petitioners came to this Court seeking directions under Article 226 of the Constitution of India to the police. W.P(C) No.290 of 2011 2 2. Respondents 3 to 18 have entered appearance. The learned counsel on behalf of respondents 3 to 18 submit that they have no intention to obstruct the petitioners or to indulge in any objectionable acts against the petitioners. There is an industrial dispute and respondents 3 to 18 are peacefully demonstrating against the illegal closing down of the business by the 1st petitioner. They shall not indulge in any objectionable conduct. Their right to peacefully demonstrate may not be interfered with, it is prayed. 3. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that in the perception of respondents 1 and 2, there is no threat to the life or person of the petitioners. The learned Government Pleader submits that interim orders were issued on 05.01.2011. The relevant directions read as follows: “There shall be an interim direction that if there be any obstruction by respondents 3 to 18 to the petitioners or their relatives entering the house of the petitioners, respondents 1 and 2 shall afford police protection to them.” 4. Initially this order was in force till 12.01.2011. It has been extended thereafter. It remains in force. The learned Government Pleader submits that the said interim order may be W.P(C) No.290 of 2011 3 made absolute and the needful shall be done by respondents 1 and 2. We have considered all the relevant inputs. We are satisfied that the request of the learned Government Pleader can be accepted. 5. We record the submission of respondents 3 to 18 that they shall not in any way obstruct or indulge in any wanton, contumacious or violent acts against the petitioners. We record the undertaking of the learned Government Pleader that if there be any such obstruction in violation of the interim order dated 05.01.2011 extracted above, the needful shall be done by respondents 1 and 2 to afford police protection to the petitioners. 6. We are satisfied that no further directions are necessary. The interim order dated 05.01.2011 is made absolute. This Writ Petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.290 of 2011 4