IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 28622 of 2011(C) -------------------------- PETITIONER ------------------ V.J.ANTONY, MANAGING PARTNER, HIGHRANGE MEDICALS, GHANDHINAGAR, KOTTAYAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): ------------------------ 1. DIRECTOR GENERAL OF POLICE(LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 2. SUPERINTENDENT OF POLICE, KOTTAYAM.686 001. 3. STATION HOUSE OFFICER, GHANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT.686 001. 4. BENNY, KULAPRUCHAL HOUSE, KIDANGOOR.P.O., KOTTAYAM DISTRICT.686 583. 5. SECRETARY, BHARATHIYA MAZDOOR SANGHAM, KOTTAYAM DISTRICT COMMITTEE, T.B.JUNCTION, KOTTAYAM.686 001. BY SENIOR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28622 of 2011(C) --------------------------------------- APPENDIX ------------------ PETITIONER(S) EXHIBITS ----------------------------------- EXHIBIT P1- A TRUE COPY OF THE COMPLAINT DATED 21-09-2011. EXHIBIT P2- TRUE COPIES OF THE COMPLAINT DATED 24-10-2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENS 2 AND 3 EXHIBIT P3- A TRUE COPY OF THE REPRESENTATION DATED 24-10-2011 SUBMITTED BY THE PETITIONER TO THE DISTRICT LABOUR OFFICER, KOTTAYAM. EXHIBIT P4- A TRUE COPY OF THE COMPLAINT DATED 24-10-2011 SUBMITTED BY THE ALL KEARLA CHEMISTS AND DRUGGIST ASSOCIATION TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.28622 of 2011 ------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioner who is the managing partner of M/s. Highrange Medicals, which owns a chain of medical shops in Kottayam District, has approached this court seeking the following reliefs: “(1). Issue a writ of mandamus or any other writ, order or direction commanding the respondents 1 and 2 to afford adequate and effective police protection to the petitioner and his employees for the smooth conduct of M/s.Highrange Medicals, Near Medical College Hospital, Gandhinagar, Kottayam without obstruction being caused by respondents 4 and 5 and their followers. (2). Issue a writ of mandamus commanding respondents 1 and 2 to conduct a detailed enquiry on Ext.P2 and to take criminal action against the respondents 4 and 5.” 2. The case of the petitioner is that the 4th respondent who is one of their employees, misbehaved with a lady staff of the medical shop at Gandhinagar and the petitioner filed Ext.P2 complaint before the respondents 2 and 3 for initiating action against the 4th respondent. This infuriated the 4th respondent who with the help of the 5th respondent union leader is creating difficulties to the petitioner in the conduct of the medical shop at Gandhinagar. Sri. M.K.Aboobacker, learned senior Government Pleader on the basis of instructions from the police officials W.P.(C).28622/11 -2- submitted that Ext.P2 complaint was received. On enquiry it was revealed that the 4th respondent misbehaved with a lady staff of the medical shop. The 4th respondent was summoned to the police station and warned. The petitioner transferred the 4th respondent to some other medical shop. The 4th respondent is protesting against that transfer. 3. Eventhough notice was served on respondents 4 and 5 by special messenger, they have not turned up before this court. Thus the averments in the writ petition stands established against respondents 4 and 5 by non traverse. We do not find any reason as to why reliefs should not be granted as prayed for. 4. We dispose of this writ petition directing respondents 2 and 3 to afford adequate and effective police protection to the petitioner and his employees for the smooth conduct of the medical shop by name Highrange Medicals situated near Medical College Hospital at Gandhinagar without any obstructions from the part of respondents 4 and 5 and persons acting under them. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb