IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2272 of 2011(H) --------------------------------------- PETITIONER(S): ------------------------ 1. SAMSON J.PANADAN, AGED 38, S/O.P.A.LONAPPAN, MANAGING PARTNER, SURABHI MOVIES, CHALAKKUDY. 2. WILSON A.A., AGED 50, S/O. AUGUSTINE AKKARA, MANAGING PARTNER, SREE AKKARA THEATERS, CHALAKKUDY. 3. STANLY A.ANTONY, AGED 46, S/O.A.P.ANTONY, MANAGING PARTNER, AYNIKKAL MOVIES, CHALAKKUDY. BY ADVS. SRI.T.K.VENUGOPALAN, SRI.SHIBU JOSEPH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, THRISSUR-680 021. 3. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, CHALAKKUDY-680 307. 4. DEMOCRATIC YOUTH FEDERATION OF INDIA (DYFI), CHALAKKUDY BRANCH, REPRESENTED BY ITS SECRETARY, PIN-680 307. 5. INDIAN YOUTH CONGRESS, CHALAKKUDY BLOCK REPRESENTED BY ITS PRESIDENT, PIN-680 307. 6. ALL INDIA YOUTH FEDERATION (AIYF), CHALAKKUDY BRANCH, REPRESENTED BY ITS SECRETARY, PIN-680 307. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2272/2011 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER PASSED BY THE CHALAKKUDY MUNICIPALITY. P2: COPY OF THE NEWS ITEM IN MATHRUBHOOMI DAILY DTD. 19/01/2011. P3: COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. P4: COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.2272 of 2011 ---------------------------------------------------- Dated this the 27th day of January, 2011 Judgment Basant, J. The petitioners have come to this court with this petition under Article 226 of the Constitution seeking issue of directions to respondents 1 to 3 to afford police protection to the petitioners for due protection of their cinema theatres from wanton, culpable and violent acts from respondents 4 to 6. 2. The petitioners are cinema theatre operators. According to them, the price of tickets for viewing the cinemas in their theatres has been enhanced. This enhancement is not relished and accepted by respondents 4 to 6. They are indulging in and threatening to indulge in violent, contumacious and culpable acts against the theatres. A cinema bundh was called on 23.1.2011. The petitioners apprehended imminent danger of violence against their properties. It is, in these circumstances, that the petitioners come to this court. 3. This petition was admitted on 21.1.2011. Notice was ordered to all the respondents. Though respondents 4 to 6 have been served, they have not chosen to enter appearance. The WPC 2272/2011 2 learned Government Pleader after taking instructions from respondents 1 to 3 submits that in the perception of respondents 1 to 3, there is no threat to the life or property of the petitioners. An interim direction was issued to respondents 2 and 3 “to afford protection to the theatres of the petitioners against any violent acts on the part of respondents 4 to 6 or their members.” That order has remained in force from 21.1.011 till this date. The learned Government Pleader accepts that the said interim directions can now be made absolute and further proceedings discontinued. 4. In the absence of opposition from respondents 4 to 6 and in the light of the submissions made by the learned Government Pleader, we are satisfied, that this petition can be allowed and interim direction issued on 21.1.2011 can be made absolute. 5. This petition is accordingly allowed. The interim directions issued on 21.1.2011 is made absolute. R.BASANT, JUDGE. srd K.SURENDRA MOHAN, JUDGE. WPC 2272/2011 3