IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 16852 of 2008(F) -------------------------- PETITIONER: --------------- M/S.AVIVA LIFE INSURANCE COMPANY INDIA LTD. REPRESENTED BY THE ZONAL MANAGER CHERUPUSHPAM BUILDING, M.G.ROAD, ERNAKULAM, COCHIN - 682 015. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.P.K.VIJAYAMOHANAN SRI.NISHIL.P.S. RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM, COCHIN-31. 3. THE NEW GENERATION BANK & INSURANCE EMPLOYEES' UNION REPRESENTED BY ITS GENERAL SECRETARY, MARUTHI VILAS, CANNON SHED ROAD, ERNAKULAM, COCHIN-682 011. 4. SRI.VINOD, SECRETARY, THE NEW GENERATION BANK & INSURANCE EMPLOYEES' UNION, MARUTHI VILAS, CANNON SHED ROAD, ERNAKULAM, COCHIN-682011. 5. SRI.AZEEM.S.DEEN, (EX-SALES MANAGER, AVIVA LIFE INSURANCE COMPANY INDIA LTD.), C/O.THE NEW GENERATION BANK & INSURANCE EMPLOYEES' UNION, MARUTHI VILAS, CANNON SHED ROAD, ERNAKULAM, COCHIN-682011. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16852/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF DEMAND NOTICE DT.24.5.2008 OF THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT WITH COPY TO THE FIRST RESPONDENT. EXT..P3: COPY OF THE ACKNOWLEDGMENT DT.2.6.2008 OF EXT.P2 BY THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.16852 OF 2008 ---------------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. This Court, after hearing both sides, passed an interim order on 12.6.2008, in the context of an agitation held by the 3rd respondent Union. Pursuant to the said interim order, the police have already extended protection. 2. The learned Government Pleader submitted that the police cannot go to the Insurance Company at their beck and call. At present, there is no law and order problem requiring protection. In view of the above development, the writ petition is closed. In case any cause of action arises in future, the writ petitioner can move the police and if there is failure of duty from their part, it can approach this Court also. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps