IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 31297 of 2009(F) -------------------------- PETITIONER: --------------- HOTEL LEELA VENTURE LTD., THE LEELA KEMPINSKI KOVALAM BEACH, KOVALAM, THIRUVANANTHAPURAM-695 527, REPRESENTED BY SENIOR EXECUTIVE (LEGAL) AND AUTHORIZED SIGNATORY JIJU.V.S. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI MILLU DANDAPANI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THYCAUD, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM P.O., THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM P.O., THIRUVANANTHAPURAM. 5. MR.M.M.EBRAHIM, CHAIRMAN, KOVALAM JOINT ACTION COUNCIL, KOVALAM P.O., THIRUVANANTHAPURAM. 6. MR.KOVALAM P.SUKESAN, GENERAL CONVENER, KOVALAM JOINT ACTION COUNCIL, KOVALAM P.O., THIRUVANANTHAPURAM. 7. MR.A.VIJAYA KUMAR, S/O.KUNJU LAKSHMY, LAKSHMI NIVAS, PARAVILA, PACHALLOOR P.O., THIRUVANANTHAPURAM. 8. MR.S.LIJU, THOOTHANADU VADAKATHU VEEDU, MULLOOR P.O., THIRUVANANTHAPURAM. 9. MR.K.MOHANAN, VADAKKEYAKARA PUTHEN VEEDU, AZHAKULAM, VIZHINJAM P.O., THIRUVANANTHAPURAM. 10. MR.VIKRAMAN NAIR.A, THIRUVONAM, KALLIYOOR P.O., THIRUVANANTHAPURAM. 11. MR.ANOOP.G.S., SREE KRISHNA, CHENKAL P.O., THIRUVANANTHAPURAM. BY G.P. SRI T K VIPINDAS FOR R1 TO R4 ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R5-11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : PHOTOCOPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT ON 2.11.2009. RESPONDENTS' EXHIBITS: EXT.R7(a) : TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE 7TH RESPONDENT DT.19.10.2002 EXT.R7(b) : TRUE COPY OF THE ORDER ISSUED TO THE 7TH RESPONDENT DT.1.11.2003. EXT.R7(c) : TRUE COPY OF THE REPRESENTATION FILED BY THE THE 7TH RESPONDENT DT.19.10.2009 EXT.R7(d): TRUE COPY OF THE REPRESENTATION DT. NIL K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 31297 of 2009 F - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking a direction to respondents 1 to 4 to grant adequate police protection to the life and property of the petitioner's officers, employees, guests and visitors from respondents 5 to 11 or any one acting on their behalf and to maintain law and order. 2. Briefly the case of the petitioner is as follows. The petitioner is a Company incorporated under the Companies Act. Petitioner is running a hotel. According to the petitioner, respondents 5 to 11 were engaged through a contractor and they resigned by the end of August, 2009. All the arrears of salary were paid to them through the contractor. W.P.(C).No. 31297 of 2009 2 3. A counter affidavit has been filed by the respaondents, wherein they denied the allegations. According to them, misusing blank signed papers their resignation letters were created . 4. We heard learned counsel for the petitioner and the learned counsel for the respondents. 5. Learned counsel for the respondents submitted that they are peacefully agitating and the matter is pending before the District Labour Officer. There is already an interim order passed. Respondents 5 to 11 can certainly agitate their grievance. They are also free to ventilate their grievances before the statutory authorities. It is submitted by the learned counsel for the party respondents that they have no intention to obstruct the operation of the petitioner. 6. Accordingly, we dispose of the Writ Petition as follows. In case there is any obstruction by respondents 5 to 11, respondents 2 to 4 will provide adequate protection to the life and property of the petitioner's officer, staff, guests and visitors. We, however, make it W.P.(C).No. 31297 of 2009 3 clear that this order should not be understood as meaning that respondents 5 to 11 are not free to carry on their agitation or that they cannot proceed to ventilate their grievances before the statutory authorities. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm