IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 37764 of 2010(U) ------------------------- PETITIONER : -------------------- MR.ARAVINDHAKSHAN P.V., PROPRIETOR, M/S.RUGMA HOLLOW BLOCK & SOLID BLOCK, NEAR KARUVANKULAM BUS STOP, PERINGOTTUKARA P.O., THRISSUR DISTRICT. BY ADVS. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THRISSUR-680 001. 2. THE CIRCLE INSPECTOR OF POLICE, THRISSUR TOWN WEST, THRISSUR-680 001. 3. THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, ANTHIKKAD, THRISSUR DISTRICT-680 001. 4. C.I.T.U. PERINGOTTUKARA UNIT, PERINGOTTUKARA P.O., THANNYAM VILLAGE, THRISSUR DISTRICT-680565, REPRESENTED BY ITS PRESIDENT. 5. INTUC PERINGOTTUKARA UNIT, PERINGOTTUKARA P.O., THANNIYAM VILLAGE, THRISSUR DISTRICT-680 565, REPRESENTED BY ITS PRESIDENT. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 37764 of 2010(U) APPENDIX PETITIONER'S EXHIBITS: EXT-P1 : COPY OF THE LICENSE ISSUED BY THE THANNIYAM PANCHAYAT FOR THE YEAR 2010-2011 DATED 20.09.2010. EXT-P2 : COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES DATED 23.7.2010. EXT-P3 : COPY OF THE COMPLAINT DATED 9.12.2010 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT-P3A : COPY OF THE COMPLAINT DATED 9.12.2010 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT-P3B : COPY OF THE COMPLAINT DATED 9.12.2010 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT-P4 : COPY OF THE RECEIPT DATED 9-12-2010. EXT-P4A : COPY OF THE RECEIPT DATED 9.12.2010. EXT-P4B : COPY OF THE RECEIPT DATED 9-12-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.37764 of 2010 ***************************** Dated this the 13th day of January, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court seeking issue of directions to respondents 1 to 3 under Article 226 of the Constitution to afford protection to the petitioner against illegal, culpable and violent acts of respondents 4 and 5, who allegedly obstruct the petitioner in loading and unloading materials. 2. Notice was ordered to the respondents. Service is complete. Respondents 1 to 3 are represented by the learned Government Pleader. Respondents 4 and 5, though served, have not chosen to appear before Court. 3. The learned Government Pleader after taking instructions submits that the area is not a scheme covered area. The learned Government Pleader further points out that interim directions were issued by this Court on 23.12.2010 and the same has been extended till this date. The relevant order passed on 23.12.2010 reads as follows: “In such circumstances, there will be an interim order directing respondents 2 and 3 to 2 provide protection to the life of the petitioner and his employees engaged in unloading raw materials brought into the petitioner's unit and loading finished concrete blocks from the petitioner's unit as against any obstruction from members of respondents 4 and 5 for a period of two weeks.” 4. That order remains in force even now. The learned Government Pleader submits that, in these circumstances, the said interim order can be made absolute and further proceedings in this Writ Petition can be closed. The learned counsel for the petitioner also accepts that such course can be followed. 5. In the result: a) This writ petition is allowed in part; b) The interim direction issued on 23.12.2010 extracted above is confirmed and shall remain in force. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/