IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 32144 of 2010(P) -------------------------- PETITIONER(S): ---------------------- GEORGE MATHEW, S/O.MATHAI, AGED 55 YEARS, PARAPPATTU HOUSE, VETTAMPARA P.O., KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM(RURAL), ALUVA. 3. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. 4. THE DISTRICT LABOUR OFFICER, KAKKANAD,ERNAKULAM. 5. THE GENERAL SECRETARY, KOTHAMANGALAM RANGE, CHETHU THOZHILALI UNION (CITU), AKG BHAVAN, KOTHAMANGALAM. 6. P.K.VASU, PARAMBI HOUSE, PINDIMANA.P.O, KOTHAMANGALAM-686698. 7. M.R.RAJU, NEDUMPARACKAL HOUSE, CHELAD P.O., KOTHAMANGALAM-686681. 8. V.K.SASI, VARRIKKANAL HOUSE, CHELAD P.O., KOTHAMANGALAM – 686681. 9. P.KUTTAPPAN, MANGALAMKKUNNEL HOUSE, CHELAD P.O., KOTHAMANGALAM – 686681. GOVERNMENT PLEADER MR.T.K.VIPINDAS ADV. SRI.K.BALACHANDRAN (MANGALATH) FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32144 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the notice dated 4.10.2010 of the 5th respondent to the petitioner. Ext.P2 :- Copy of the reply dated 5.10.2010 issued by the petitioner to the 5th respondent. Ext.P3 :- Copy of the letter dated 5.10.2010 of the petitioner to the 4th respondent. Ext.P4 :- Copy of the complaint dated 15.10.2010 of the petitioner to the 3rd respondent. Ext.P5 :- Copy of the notice dated 16.10.2010 of the 5th respondent to the petitioner. Ext.P6 :- Copy of the complaint dated 16.10.2010 of the petitioner to the 2nd respondent. Ext.P7 :- Copy of the complaint dated 16.10.2010 of the petitioner to the 3rd respondent. Ext.P8 :- Copy of the licence Nos.59/2010-11 dated 23.10.2010 of the petitioner. Ext.P9 :- Copy of the Licence No.60/2010-11 dated 23.10.2010 of the petitioner. Ext.P10 :- Copy of the licence No.61/2010-11 dated 23.10.2010 of the petitioner. Ext.P11 :- Copy of the licence No.62/2010 dated 23.10.2010 of the petitioner. Ext.P12 :- Copy of the licence dated 28.10.2010 of the petitioner. Ext.P13 :- Copy of the complaint dated 27.10.2010 of the petitioner to the 3rd respondent. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. ----------------------------------------------- W.P.(C) No.32144 of 2010 ---------------------------------- Dated this the 1st day of November 2010 J U D G M E N T Petitioner have approached this Court seeking the following reliefs :- a) Issue a writ of Mandamus or other appropriate writ, order or direction directing the respondents 1, 2 and 3 to give adequate and effective police protection from the respondents 5 to 9 and their men and agents, to the life and property of the petitioner and his workers and for the smooth functioning of toddy shop Nos.15 (Pindimana), 16 (Chemmeenkuthu), 17 (Boothathankettu), 18 (Vettampara) and 20 (Karigazha) in group 1V of Kothamangalam range and for the transportation of toddy to the toddy shops of the petitioner. b) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 4th respondent to convene conciliation as per Exhibit P2. c) Issue a writ of Mandamus or any other appropriate W.P.(C) No.32144 of 2010 -: 2 :- writ order or direction directing the respondents 1, 2 and 3 to register case and investigate Exhibit P4, P6 and P7 complaints.” 2. Briefly put, the case of the petitioner is as follows :- Petitioner is the licensee to conduct toddy shop Nos.15 (Pindimana), 16 (Chemmeenkuthu), 17 (Boothathankettu), 18 (Vettampara) and 20 (Karigazha) in group 1V of Kothamangalam range. The respondents 6 to 9 are toddy tappers of Toddy Shop No.20 (Karigazha). The 5th respondent is the union of the respondents 6 to 9. The 5th respondent issued strike notice to the petitioner regarding the non-payment of wages to the 6th respondent by the salesman. Petitioner sent Ext.P2 reply to the 5th respondent. Even after the receipt of Ext.P2, the 6th respondent did not receive wages. Petitioner made request to the 4th respondent to conciliate the matter. On 15.10.2010, the respondents 6 to 9 obstructed the vehicle No.KLA 1899 (pickup van), that brought toddy to TS No.20. W.P.(C) No.32144 of 2010 -: 3 :- Petitioner made complaint before the 3rd respondent. The 5th respondent issued Ext.P5 notice threatening to strike in all toddy shops of the petitioner. The respondents 5 to 9 allegedly threatened the workers of the toddy shop. Petitioner made Ext.P6 complaint followed by Ext.P7. 3. We heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the 5th respondent, the learned Government Pleader. Other respondents are served. 4. The learned counsel for the 5th respondent submitted that the case can be disposed of in terms of the interim order, further leaving it open to the 5th respondent and other respondents to have the dispute relating to the non-payment of wages for 23.8.2010 decided by the statutory authority. In the light of the above submission, we dispose of this writ petition directing the 3rd respondent to provide adequate and effective protection to the petitioner and his W.P.(C) No.32144 of 2010 -: 4 :- workers for the smooth functioning of toddy shop Nos.15, 16, 17, 18 and 20 in group 1V of Kothamangalam range and for transportation of toddy to the toddy shops of the petitioner as against any obstruction by the respondents 6 to 9 and members of the 5th respondent as and when required. We further direct the 4th respondent to go into the question relating to the non-payment of wages for 23.8.2010 and take final decision within one month from the date of production of a copy of this judgment. K.M.JOSEPH, JUDGE. M.C.HARI RANI, JUDGE. Jvt