IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 18362 of 2010(U) --------------------------------------- PETITIONER(S): ----------------------- 1. IBRAHIM P.K ,S/O.KOCHUNNI, AGED 58, PUNOOLIL HOUSE, VADACODE PO, KANGARAPADY, THRIKKAKARA NORTH VILLAGE, PIN 682 021. 2. KURIANCHAN P.M, S/O.MATHAI, AGED 49, PANACKAL HOUSE, CHANGAMPUZHA NAGAR P.O KALAMASSERY, COCHIN-33. 3. E.J.SEVI, S/O.JOSEPH EDAKKALAYIL, L/27,CHANGAMPUZHA NAGAR P.O PARIJUTHURA ROAD, KALAMASSERY 682 033. 4. C.UNNIKRISHNAN, S/O.GOVINDANKUTTY NAIR CHATHENCHIRA HOUSE, (PULARI) THAMANNAM PO, THAMMANAM. BY ADVS. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): ------------------------- 1. COMMISSIONER OF POLICE, COCHIN CITY. 2. CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH CIRCLE, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM. sts WP(C)NO.18362/2010 4. ERNAKULAM DISTRICT TANKER LORRIES DRIVERS ASSOCIATION (CITY) REPRESENTED BY CONVENOR MR.M.G.SAJAN, S/O.GOPALAN, AGED 43,BCR MANDIRAM, KALAMASSERY PO. 5. JOY JOSEPH, S/O.MATHEW, AGED 55, MALIAKKAL HOUSE, PONNEKKARA PO, EDAPPALLY NORTH VILLAGE, GENERAL SECRETARY, PRIVATE MOTOR THOZHILALI UNION (AITUC) 6. IBRAHIMKUTTY (FATHER'S NAME AND AGE NOT KNOWN) GENERAL SECRETARY, DRIVERS UNION (AITUC) R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R5 BY ADV. SRI.A.P.SUBHASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18362/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SETTLEMENT DATED 29/4/2010 ENTERED INTO BETWEEN THE ASSOCIATION OF THE PETITIONERS AND THE 4TH RESPONDENT UNION. P2 COPY OF THE LIST VEHICLES OF PETITIONERS. P3 COPY OF THE FIR IN CRIME NO.861/2010 OF PALARIVATTOM POLICE STATION. P4 COPY OF THE FIR IN CRIME NO.895/2010 OF PALARIVATTOM POLICE STATION. P5 COPY OF THE FIR IN CRIME NO.896/2010 OF PALARIVATTOM POLICE STATION. P6 COPY OF THE REPRESENTATION DATED 26/5/2010 SUBMITTEDBY THE ASSOCIATION BEFORE THE 2ND RESPONDENT. P7 COPY OF THE REPRESENTATION DATED 27/5/2010 SUBMITTED BY THE ASSOCIATION BEFORE THE 3RD RESPONDENT. P8 COPY OF THE COMPLAINT DATED 28/5/2010 SUBMITTED BY THE 2ST PETITIONER BEFORE THE SUB INSEPCTOR OF POLICE,KALAMASSERY POLICE STATION. P9 COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE CIRCLE INSEPCTOR OF POLICE,KALAMASSERY POLICE STATION. P10 COPY OF THE REPRESENTATION SUBMITTED TO THE DISTRICT COLLECTOR,ERNAKULAM. P11 COPY OF THE SUBMITTED BY THE 2ND PETITIONER BEFORE THE CIRCLE INSEPCTOR OF POLICE, KALAMASSERY POLICE STATION. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE MEMORANDUM OF CHARTER OF DEMANDS DATED 26/03/2010. R5(B) COPY OF THE STRIKE NOTICE DATED 19/04/2010. R5(C) COPY OF THE MEETING INITIATED BY THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM DATED 24/05/2010 HAVING NO.I.R.1728/2010. R5(D) COPY OF THE MEETING ISSUED BY REGIONAL LABOUR COMMISSIONER, ERNAKULAM VIDE NOTICE DATED 18/06/2010. R5(E) COPY OF THE LOCAL DELIVERY BOOK. R5(F) COPY OF THE LETTER PAD CONTAINING THE ADDRESS OF THE PETITIONERS ASSOCIATION. R5(G) COPY OF THE LETTER ISSUED BY THE DISTRICT LABOUR OFFICER DATED 23/04/2010. R5(H) COPY OF THE LETTER ISSUED BY THE RJLC DATED 21/07/2010. /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.18362 of 2010 ------------------------------------------- Dated this the 13th January, 2011 JUDGMENT Basant, J. The petitioners have come to this Court for issue of directions under Article 226 of the Constitution to respondents 1 to 3 obliging them to render adequate police protection to the petitioners whose peaceful conduct of business is allegedly obstructed by respondents 5 and 6. 2. The petitioners are operators who furnish drinking water in tanker lorries to persons who need water. For carrying on this common activity, they have engaged employees including respondents 5 and 6. According to the petitioners, their employees were all members of the fourth respondent trade union. Respondents 5 and 6 are guilty of objectionable conduct. They were found guilty of drunken and rash driving. Action was hence taken against them. They, who were members of the fourth respondent union, conveniently disconnected them with the activities WPC No.18362/2010 2 of the fourth respondent and claim to have formed yet another trade union now. They are causing illegal obstruction to the plying of lorries belonging to the petitioners. The short prayer of the petitioners is that police protection may be afforded to the petitioners, so that they can ply their vehicles without any illegal obstruction from respondents 5 and 6. According to the petitioners, respondents 5 and 6 are guilty of specific overacts of obstructing and causing damage to the vehicles of the petitioners. Crimes have been registered. Investigation is in progress. The petitioners had complained to the police authorities to provide protection, but protection was not granted. Hence, they were obliged to come to this Court with this petition. 3. When this petition came up for hearing on 16.6.2010, interim orders were passed. The same is extracted below. “Learned counsel for respondents 5 and 6 seeks time for filing counter and submit that respondents 5 and 6 will not cause any damage or obstruction to the vehicles of the petitioner. We record the said submission. In case there is any obstruction or attempt to damage, adequate protection shall be given by respondents 1 to 3 WPC No.18362/2010 3 for ten days. This order will be subject to the condition that the petitioners will participate in the conciliation proceedings.” 4. The said order passed on 16.6.2010 has been extended from time to time. The matter has now come up for final hearing. 5. The 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 now in the light of the interim orders which are being enforced scrupulously. The learned Government Pleader submits that the interim orders may be made absolute and further proceedings in this writ petition may now be closed. 6. The fourth respondent has not entered appearance, though served. The learned counsel for respondents 5 and 6 submits that respondents 5 and 6 have no intention of obstructing the vehicles of the petitioner or to cause any damage or loss to the said vehicles. The right of respondents 5 and 6 to hold peaceful demonstration may not be interrupted. The continuation of the conciliation proceedings may be WPC No.18362/2010 4 insisted, submits the learned counsel for respondents 5 and 6. 7. In the light of the stand taken by the petitioners, the learned Government Pleader and respondents 5 and 6, we are satisfied that the interim order dated 16.6.2010 can now be made absolute and further proceedings can be discontinued in this writ petition. 8. This writ petition is in these circumstances allowed to the extent indicated above. The interim order dated 16.6.2010 is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/