IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 7655 of 2009(B) ------------------------- PETITIONER: -------------- JINS MON THOMAS, THATTAMPARAMBIL HOUSE,MELAMPARA P.O., PROPRIETOR,THATTAMPARAMBIL SAW MILL AND TIMBERS, MELAMPARA P.O.,KOTTAYAM DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: ----------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PALA. 2. CIRCLE INSPECTOR OF POLICE, ERATTUPETTA. 3. SUB INSPECTOR OF POLICE, ERATTUPETTA. 4. KOLTHADI UNION (CITU), POONJAR CONSTITUENCY, REP.BY ITS CONVENOR SHRI.K.M.ALIYAR, KAVUMPEEDIKAYIL HOUSE,ERATTUPETTA-2. 5. KOLTHADI UNION (INTUC), POONJAR CONSTITUENCY, REP.BY ITS CONVENOR SHRI.M.K.NARAYANAN NAIR, PADMAVILASAM VEEDU,NADACKAL P.O. R1 TO R3 BY GOVT. PLEADER, SMT.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7655 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 07.08.07 UNDER THE KERALA VALUE ADDED TAX RULES. EXT.P2 : TRUE COPY OF THE CERTIFICATE OF REGISTRATIO DATED 18.11.08 ISSUED IN FORM NO.9 BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM. EXT.P3 : TRUE COPY OF THE PETITION DATED 06.03.09SUBMITTED TO THE 1ST RESPONDENT. EXT.P4 : TRUE COPY OF RECEIPT DAED 06.03.09 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P5 : TRUE COPY RECEIPT DATED 06.03.09 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. /TRUE COPY/ PA TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.P(C).No.7655 of 2009 ---------------------------------------------- Dated this the 1st day of March, 2011 JUDGMENT Basant, J. This petition was filed as early as on 11.3.2009. When the matter came up for hearing on 13.3.2009, the following order was passed: “The prayer is for police protection to the petitioner to do the loading and unloading work of the petitioner by using mechanical devices (crane) in the timber depot at Melampara. Learned counsel appearing for respondents 4 and 5 submits that they have no objection and they do not intend to cause any obstruction for the petitioner using the crane. Their only request is that in case the petitioner requires any manpower other than the crane operators for the purpose of loading and unloading, the registered workers of the area may be engaged. There shall be a direction in terms of the above submission and there will be a direction to respondents 1 to 3 to afford police protection in case there is any obstruction on the part of respondents 4 and 5, subject to the submission recorded above.” The said order, we note, is reckoned as an interim order and the matter has been posted for hearing today. There is no representation for the WP(C) No.7655/09 - 2 - party respondents. A reading of the above order reveals that the order was passed with the consent of respondents 4 and 5. We do not want to go in detail to the question whether the order dated 13.3.2009 is an interim order or a final order. We are satisfied that the order dated 13.3.2009 can be permitted to remain and this petition can now be closed. This Writ Petition is, in these circumstances, allowed. The order dated 13.3.2009 shall remain. R.BASANT, JUDGE K.SURENDRA MOHAN, JUDGE vgs