IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 37728 of 2009(I) -------------------------------------- PETITIONER(S): --------------------- BINOJ K., KAMALALAYAM, PARAYAKAD P.O., CHERTHALA. BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ---------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KUTHIYATHODU, KUTHIYATHODU P.O., ALAPPUZHA DISTRICT. 2. K.R.VIJAYAN, VISHNU BHAVAN, THURAVOOR SOUTH P.O., CHERTHALA. 3. SIDHARTHAN, POLLEPARAMBU, THURAVOOR SOUTH P.O., CHERTHALA. R1 BY GOVT. PLEADER SMT.CHARISMA R2 & R3 BY ADVS. SRI.SHABU SREEDHARAN, SRI.N.A.JOHN JACOB, SRI.P.SANJAY SHENOI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.37728/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE REGISTERING AUTHORITY OF THE COMMERCIAL TAXES DEPARTMENT, KVAT CIRCLE, KUTHIYATHODU DTD. 31.3.2009. P2:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 15.4.2009. P3:- COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE IST RESPONDENT DTD. 17.4.2009. P4:- COPY OF THE JUDGMENT DTD. 22.5.2009 IN WPC. 12482/2009. P5:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 26.12.2009. P6:- COPY OF THE ACKNOWLEDGEMENT RECEIPT GIVEN BY THE IST RESPONDENT DTD. 26.12.2009. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.37728 of 2009 ------------------------------------------- Dated this the 11th March, 2011 JUDGMENT Basant, J. This petition filed as early as on 28.12.2009 claiming police protection remains on the file without disposal even now. The party respondents have been served. There is no appearance for them. When this petition came up for admission on 30.12.2009, the Bench which dealt with the matter had passed the following interim order. “There would be an interim direction to the first respondent to give adequate protection to the petitioner and his permanent workers, whose names shall be supplied to the first respondent, for doing the loading and unloading operations connected with the petitioner's establishment unobstructed by anybody.” 2. The learned counsel for the petitioner submits that the interim order which has remained in force without any opposition from 30.12.2009 may be made absolute and this petition may be closed. The learned Government Pleader also accepts the said suggestion of the counsel for the petitioner. Respondents 2 and 3 though served have WPC No.37728/2009 2 not chosen to appear and resist the prayer in the petition. We are in these circumstances satisfied that the prayer of the petitioner can be accepted. 3. In the result, a) This petition is allowed. b)The interim order dated 30.12.2009 extracted above is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/