IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 7841 of 2009(A) ------------------------- PETITIONER(S): --------------- THOMAS, S/O.OUSEPH, AGED 45 YEARS, MANKUZHA HOUSE, CHERUKUNNAM KARA, ASAMANNOOR VILLAGE, ASAMANNOOR P.O., PERUMBAVOOR. BY ADV. SRI.P.J.JOSEPH SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HOME DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPDT. OF POLICE, ERNAKULAM RURAL, ALUVA. 3. THE CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION, PERUMBAVOOR. 4. THE SUB INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION, PERUMBAVOOR. 5. THE HEAD LOAD & GENERAL WORKER'S UNION (CITU), CHERUKUNNAM UNIT, REP. BY ITS SECRETARY, A.V.ELDHO, CPI(M) OFFICE, CHERUKUNNAM, PERUMBAVOOR. 6. A.V.ELDHO, LOCAL COMMITTEE SECRETARY, CPI(M) LOCAL COMMITTEE OFFICE, CHERUKUNNAM, PERUMBAVOOR. WP(C).No. 7841 of 2009(A) -2- 7. P.R.MANIKANDAN, SECRETARY, AUTO RICKSHAW DIRVER'S UNION, CPI(M) OFIFCE, CHERUKUNNAM, PERUMBAVOOR. 8. RAMAN, PRESIDENT, INTUC, CHERUKUNNAM UNIT, INTUC OFFICE, ASAMANNOOR P.O., PERUMBAVOOR. 9. V.N.RAJAN, PRESIDENT, HMS, CHERUKUNNAM UNIT, HMS OFFICE, ASAMANNOOR P.O., PERUMBAVOOR. R1 TO 4 BY GOVT. PLEADER SRI P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7841 of 2009(A) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF PETITION DT.29.1.2009. P2 - TRUE COPY OF RECEIPT DT.30.1.2009. P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------- W.P.(C) NO.7841 of 2009 ----------------------------------- DATED:MARCH 23, 2009. JUDGMENT Raman, J. Petitioner is running a flour and rice mill by name "St. Thomas Mills and Mini Super Market" at Cherukunnam in Assamanoor Grama Panchayath, as per licence issued by the authorities. The mill is conducted in the ground floor of the building and the petitioner and his family are residing in the first floor of the same building. The work in the mill is carried on by the petitioner including the family members without engaging anybody from outside. However, in the case of any emergent situation, petitioner used to call his brother Varghese who is a mentally retarded person for some help. But, recently respondents 5 to 7 came to the premises of the petitioner and demanded that they shall be engaged for loading and unloading work and threatened the petitioner in case they are not engaged in such work. Respondents 8 and 9 have also raised such demands. 2. In spite of service of notice, none have entered W.P.(C) NO.7841 of 2009 :2: appearance and contested the matter. 3. This Court had earlier passed an interim direction to maintain law and order. In the factual situation, if the mill is run by the family members of the petitioner without any third party being engaged except the brother of the petitioner, there shall not be any interference by any outside agency including respondents 5 to 9. The police will give necessary protection in this regard. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-