IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 25902 of 2008(H) --------------------------------------- PETITIONERS: --------------------- 1. SHOBHANA MADHAVAN, AGED 81 YEARS, W/O.LATE K.P.MADHAVAN, RESIDING AT SHOBHANA NIVAS, PALACE WARD, ALLEPPEY-688 001. 2. ANIL MADHAVAN, AGED 51 YEARS S/O.LATE K.P.MADHAVAN, RESIDING AT.SHOBHANA NIVAS, PALACE WARD, ALLEPPEY-688 001. BY ADV. SRI.SATISH MURTI, ADV. SMT.M.UMA DEVI. RESPONDENTS: ----------------------- 1. SUB INSPECTOR POLICE STATION, ALLEPPEY SOUTH. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA 3. STATE OF KERALA, REP. BY THE CHIEF SECETARY, AT THIRUVANANTHAPURAM. 4. A.NAZAR, THANUPARAMBIL VEEDU THONDANKULANGARA WARD, ALLEPPEY 5. A.SAVAD, MOULA PARAMBIL, CANAL WARD, ARATTUVAZHI P.O., ALLEPPEY, 6. G.BHASI, VELIPARAMBU, PUNNAPRA PO., ALLEPPEY. W.P.(C). NO.25902/2008-H: 7. HARIDAS.K.G., KIZHAKKE VELI, IRAVUKADU, THIRUVAMBADY PO., ALLEPPEY. 8. JOSEPH KUTTY.V.R., VELIYA VEEDU PATHIRAPPALLY P.O., POOMKAVU, ALAPPUZHA. 9. K. SISUPALAN, THAZHCHAYIL VEEDU, NORTH ARYAD.P.O., VALIAKALAVOOR, KALAVOOR, ALLEPPEY. 10. JOSEPH V.A, VALIYAVEETTIL, PATHIRAPALLY.P.O., POOMKAVU, ALAPPUZHA. 11. GEORGE DOMINIC, KALLUCHIRA, AVALOOKUNNU.P.O., ALAPPUZHA. 12. H. SHAHUL HAMEED, VETTUVAZHAYIL VEEDU, KOTTANKULANGARA WARD, ALLEPPEY. 13. P.A. RESHEED, THADICKAL PURAYIDOM, ASRAMAM WARD, ALLEPPEY. 14. VENUGOPALAN.P., KOCHUKANDATHIL HOUSE, SANATHANAM WARD, ALLEPPEY. 15. SURENDRAN M., KANDATHIL VEEDU, ARATTUVAZHI WARD, ALAPPUZHA NORTH P.O, ALAPPUZHA. *ADDL.R16. CIRCLE INSPECTOR OF POLICE, TRIPUNITHURA POLICE STATION, ERNAKULAM. *IS IMPLEADED AS ADDITIONAL R.16 AS PER ORDER DATED 05/09/2008 IN I.A. NO. 11734/08. BY SR. GOVT. PLEADER SRI. BENJAMIN PAUL, ADV. SRI.JOHN BRITTO, ADV. SRI.C.A.RAJEEV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25902/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1.SERIES: COPY OF THE COMMUNICATIONS DTD. 31/01/08 AND 04/03/08 ISSUED BY THE DISTRICT LABOUR OFFICER, ALLEPPEY. EXT.P.2: COPY OF THE RECEIPT OF COMPLAINT DTD. 24/08/08 ISSUED BY THE R.1. EXT.P.3: COPY OF THE PRESS RELEASE DTD. 28/08/08 IN “JANAYUGAM” BY RESPONDENTS 4 TO 15. EXT.P.4: COPY OF THE CLOSURE NOTICE DTD. 21/08/08. EXT.P.5: COPY OF THE COMPLAINT DT. 30/08/08 FILED BY THE R.2. AND THE RECEIPT THEREOF. EXT.P.6: COPY OF THE REPRESENTATION DTD. 08/09/08 SUBMITTED BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.25902 OF 2008 ----------------------------------------------------- DATED THIS THE 22nd DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are running a coir factory. It is under lock-out. The workmen aggrieved by the denial of employment are agitating. The petitioner submits, their agitation is turning violent and illegal. They are coming to the residence of the first petitioner at Alappuzha and causing obstruction by shouting slogans. The first petitioner, therefore, temporarily shifted her residence to Calicut. The second petitioner is presently residing at Tripunithura. He is also now targeted , it is submitted. A group of workmen headed by respondents 4 to 15 came there on 30.8.2008 and trespassed into the residential complex where he is residing. They came and knocked at the door of the 2nd petitioner's apartment. They shouted slogans and created a law and order problem. The 2nd petitioner is residing there with his wife and children. He is travelling frequently. The Unions have issued a press release, which is published in Exhibit P3. The said release shows that the Unions and their members plan to obstruct the 2nd petitioner, wherever he is found. In the above background, the petitioners W.P.(C)No.25902/08 -2- preferred representations before the Sub Inspector of Police of Alappuzha South Police Station and also before the Sub Inspector of Police, Tripunithura. Alleging that the police did not take any effective action, this Writ Petition is filed. 2. The workers have filed a counter affidavit denying the allegations of the petitioners. The workers would submit that the petitioners have locked-out their factory and they are denied employment. For reopening the factory and for providing them employment and also to pay compensation for the period they were denied employment, the workers are agitating. They denied the allegations of the petitioners that they are causing obstruction to them or causing obstruction at their residences. The petitioners are not co- operating with the conciliation machinery. If they co-operate with the conciliation machinery and attend all conciliation conferences, the workers will not go for demonstrations before their residential buildings, it is submitted. 4. The 2nd petitioner shall co-operate with the conciliation machinery. He shall attend all conciliation conferences held by the Conciliation Officer concerned. Even, thereafter, if any obstruction is caused to the petitioners at their residences or while they are going around for their normal business, they inform the Sub Inspector of Police W.P.(C)No.25902/08 -3- concerned. In that event, the said officer shall remove the obstruction. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn