IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 19355 of 2008(D) -------------------------- PETITIONER: ------------ BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGHAL, COCHIN-682 302, REPRESENTED BY ITS GENERAL MANAGER (PROJECTS) MR.K.N.RAVINDRAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. COCHIN REFINERIES EVICTEES ASSOCIATION, AMBALAMUGHAL, ERNAKULAM 682 302, REPRESENTED BY ITS CHAIRMAN, MR.JAYANTHAN NAMBOOTHIRIPAD. 2. COCHIN REFINERIES EVICTEES ASSOCIATION, AMBALAMUGHAL, ERNAKULAM 682 302, REPRESENTED BY ITS CONVENOR, MR.A.N.MURALEEDHARAN. 3. THE CITY POLICE COMMISSIONER, KOCHI CITY, ERNAKULAM. 4. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. 5. THE SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION. BY ADV. SRI.P.VIJAYAKUMAR FOR R1 & 2 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 19355/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF GO(MS) NO.196/70/HOME DATED 10.9.1970. EXT.P2 - TRUE COPY OF THE LETTER ADDRESSED TO THE DISTRICT COLLECTOR DATED 3.4.2007. EXT.P3 - TRUE COPY OF THE MINUTES OF THE DISCUSSION HELD AND THE DECISIONS TAKEN IN THE MEETING CONVENED BY THE DISTRICT COLLECTOR ON 12.4.2007. EXT.P4 - A TRUE COPY OF THE NOTICE PUBLISHED BY THE RESPONDENTS 1 AND 2 ASSOCIATION DATED NIL. EXT.P5 - A PHOTO COPY OF THE POSTERS AFFIXED ON THE COMPOUND WALL OF THE PETITIONER COMPANY DATED NIL. EXT.P6 - TRUE COPY OF THE INTERIM ORDER DATED 11.4.2007 IN WPC 12412/2007. EXT.P7 - TRUE COPY OF THE JUDGMENT IN WPC NO.12412 OF 2007 DATED 22.8.2007. EXT.P8 - TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS 1 AND 2 DATED 9.10.2007. EXT.P9 - TRUE COPY OF A PHOTO COPY OF THE POSTERS AFFIXED ON THE COMPOUND WALLS OF THE PETITIONER'S REFINERY AT AMBALMUGHAL DATED NIL. EXT.P10 - TRUE COPY OF THE JUDGMENT DATED 16.10.2007 IN WPC NO.30508/2007. EXT.P11 - TRUE COPY OF THE PAPER REPORT APPEARING IN THE MATHRUBHUMI DAILY DATED 21.6.2008. EXT.P12 - TRUE COPY OF THE PRESS RELEASE ISSUED BY THE SAMITHY DATED 20.6.2008. EXT.P13 - TRUE COPY OF THE PHOTOGRAPH OF POSTER DATED NIL. EXT.P14 - TRUE COPY OF THE PHOTOGRAPH OF POSTER DATED NIL. EXT.P15 - TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.6.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 19355 OF 2008-D ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a Public Sector Undertaking. The respondents 1 and 2 made announcements about a proposed agitation against it, to press their demand for employment to the evictees of the land, which was acquired for the petitioner by the Government. Apprehending violence and obstruction to the ingress and egress of the petitioner's Oil Refinery at Ambalamughal, it has filed this Writ Petition, seeking appropriate orders to the police. 2. This Court, while admitting the Writ Petition on 26.6.2008, passed the following interim order: “If there is any obstruction to the free ingress and egress of employees, customers, visitors etc., to and from the petitioner's Refinery at Ambalamughal, the petitioner may inform respondents 3 and 4. In that event the said respondents shall remove the obstruction. If any vehicles of the petitioner or its officers are obstructed outside the factory premises, then also, the police shall remove the obstruction, on being alerted by the petitioner.” WPC 19355/08 2 Today, on receipt of notice, the respondents 1 and 2 appeared through counsel and submitted that they have no intention, whatsoever, to obstruct the ingress and egress of the factory of the petitioner or its vehicles or staff. They are only proposing to hold demonstrations and public meetings peacefully, to press their demands. This submission is recorded. 3. The Writ Petition is disposed of, maintaining the interim order passed by this Court on 26.6.2008. If the demonstrations or public meetings held by the respondents 1 and 2 are peaceful, the police shall not interfere with the same. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/