IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 16375 of 2009(N) -------------------------- PETITIONER(S): --------------------- FR.MATHEW PADINJARAKATTU,AGED 39, MANAGER,ST.JOSEPH'S ORPHANAGE PRESS AND BOOK STALL CHANAGANASSERY TALUK,VAZHAPPILLY VILLAGE, CHANGANASSERY.PO,KOTTAYAM DISTRICT. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): ---------------------- 1. SUPERINTENDENT OF POLICE,KOTTAYAM. 2. DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. 3. CIRCLE INSPECTOR OF CHANGANASSERY, CHANGANASSERY POLICE STATION. 4. SUB-INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION. 5. CITU UNION,CHANGANASSERY,REPRESENTED BY SRI.P.S.NISTHAR,AREA COMMITTEE SECRETARY,CITU UNION OFFICE,OPP.FIRE STATION,CHANGANASSERY-1, KOTTAYAM DISTRICT. BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 16375/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE APPOINTMENT LETTER DATED 3.7.2007 APPOINTING THE PETITIONER AS MANAGER OF THE PETITIONER ESTABLISHMENT WITH EFFECT FROM 17.7.2007 BY THE METROPOLITAN ARCH BISHOP, CHANGANASSERY. EXT. P2 : TRUE COPY OF THE BUILDING PERMIT NO.BA 551/08/09 DATED 31.3.2009 OBTAINED BY THE PETITIONER'S ESTABLISHMENT FROM THE CHANGANASSERY MUNICIPALITY. EXT. P3 : TRUE COPY OF THE COMPLAINT DATED 17.4.2009 SENT BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, CHANGANASSERY. EXT. P4 : TRUE COPY OF THE COMPLIANT DATED 1.6.2009 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT, SUPERINTENDENT OF POLICE, KOTTAYAM. P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16375 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2009. JUDGMENT Raman, J, Petitioner is the Manager of St.Joseph's Orphanage Press and Book Stall, Changanassery. The establishment has a press and book stall at Aramanappadi, Changanassery as also a binding centre. It is a charitable institution. Petitioner's establishment is said to have purchased some sophisticated machinery for the press, that machinery however was unloaded and installed. Petitioner is possessed of necessary permit for the press building, wherein the machinery was installed. His contention is that at the time of installation of the machinery, the fifth respondent and its members trespassed into the compound of the petitioner demanding 'nokku cooli' and also demanded for the loading and unloading work of the press activities. 2. The main grievance of the petitioner is regarding the illegal demand for 'nokku cooli'. Since the petitioner has already installed the machinery, there is no grievance to be redressed at WPC.16375/2009. 2 present. The complaint made by him to the police in this regard is Ext.P4 dated 1st June, 2009. The complaint reads that the members of CITU are entering into the compound and threatening the petitioner and also obstructing the loading and unloading work. What is the loading and unloading work in a charitable institution is not stated in the petition. Machinery is already installed. More than a month has elapsed after the complaint. 3. Government Pleader submits that at present there is no threat as alleged in the writ petition. Though we have issued notice to the fifth respondent and service is complete, none has entered appearance. 4. Having considered the submissions made and after perusing the writ petition and hearing the Government Pleader, we are of the opinion that if there is any threat in future, it is open to the petitioner to put in a written complaint to fourth respondent, whereupon he shall immediately visit the property and take necessary measures, if he is satisfied that the complaint is true. In case there is any obstruction to the work of press insisting for 'nokku cooli', WPC.16375/2009. 3 certainly the police will interfere with the matter and take remedial measures. The writ petition is disposed of as above. P.R. Raman, Judge P. Bhavadasan, Judge sb.