IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29404 of 2011(A) -------------------------- PETITIONER(S): --------------- KIRAN GLOBAL CHEMS LTD.,CORPORATE OFFICE NEW NO.42,OLD NO.81,NEW AVADI ROAD,KILPOLK,CHENNAI -600010,TAMIL NADU,REP.BY P/A MR.ANISH K.V., S/O.K.V.CHANDRASEKARAN NAIR,REGIONAL GENERAL MANAGER, RESIDING AT FLOWER GARDEN, FERRY ROAD, NORTH KALAMASSERY, ERNAKULAM. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, THEKKUM BHAGAM POLICE STATION, THEKKUM BHAGAM (PO) THEVALAKKARA, KOLLAM DISTRICT, PIN 690524. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CHAVARA, CHAVARA (PO), KOLLAM DISTRICT, PIN 690524. 3. THE ASSISTANT COMMISSIONER OF POLICE, KOLLAM DISTRICT, PIN 691001. 4. THE DIRECTOR GENERA OF POLICE, THIRUVANANTHAPURAM-695001. 5. THE DISTRICT LABOUR OFFICER (CONCILIATION), CIVIL STATION, KOLLAM-691001. 6. M/S.MOON CHEMICALS, NADUVILAKARA, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, MR.ATUL JAIN, PIN 690524. 7. M/S.PAVAN SILICATE & MOON CHEMICALS, GENERAL WORKERS UNION(UTUC),MOON CHEMICALS, NADUVILAKARA,THEVALAKARA,REPRESENTED BY N.SIVANKUTTY,RESIDING AT DEEPA VILASAM, PADINJATTINKARA (PO), THEVALAKARA, KOLLAM DISTRICT-690524. ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM FOR R6 SMT.MABLE.C.KURIAN FOR R6 BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29404/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGAREEMENT ENTERED INTO BETWEEN THE PETITIONER COMPANY AND THE 6TH RESPONDENT DATED 7/10/2009. EXT.P2: COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY LABOR OFFICER TO THE 6TH RESPONDENT CALLING FOR A MEETING FOR CONCILIATION DATED 13/6/2011. EXT.P3. COPY OF THE COMMUNICATION DATED 10/8/2011 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 10/6/2011 ISSUED BY THE PETITIONER COMPANY TO THE 6TH RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 11/6/2011 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER COMPANY. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER COMPANY TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT.P6 BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 30/8/2011 SENT TO THE DEPUTY SUPERINTENDENT OF POLICE BY THE PETITIONER COMPANY. EXT.P9: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P8 BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION DATED 30/8/2011 SENT TO THE 3RD RESPONDENT BY THE PETITIONER COMPANY. EXT.P11: COPY OF THE ACKNOWLEDGEMENT CARED EVIDENCING THE RECEIPT OF EXHIBIT P10 BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION SENT TO THE 4TH RESPONDENT BY THE PETITIONER COMPANY. EXT.P13: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RCEIPT OF EXHIBIT p12 BY THE 4TH RESPONDENT. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 29404 OF 2011 ------------------------ Dated this the 10th day of November, 2011 JUDGMENT Harilal, J. This writ petition is filed seeking a direction to respondents 1 and 4 to provide adequate police protection to the petitioner company to lift the raw materials (approximately 240 MT of Soluble Glass and 5 MT of Soda Ash (Liquid) and the finished product of 5 MT of Sodium Silicate (Neutral) from the 6th respondent factory against the 7th respondent and its members. 2. We have issued notice to respondents 6 and 7. The 6th respondent entered appearance and supported the claim for police protection. The 7th respondent has not entered appearance. Thus, the writ petition stands non traverse. Therefore, we direct the respondents 1 to 4 to provide adequate police protection to the petitioner company to lift the raw materials approximately 240 MT of soluble glass and 5 MT of Soda ash (liquid) and the finished products of 5 MT of Sodium WPC.No.29404/2011 2 Silicate (Neutral) from the 6th respondent factory, against the 7th respondent and its members. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk