IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 17667 of 2010(G) -------------------------- PETITIONER: --------------- M/S.ORMA MARBLES AND SANITARIES, 1/12, N.H.ROAD, VALAVANADU, POLETHAT, CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS MANAGING PARTNER, LIJO JOSEPH. BY ADV. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB SMT.NISHA JOHN RESPONDENTS: --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, ALAPPUZHA. 4. HEADLOAD AND GENERAL WORKERS UNION (CITU), MARARIKULAM, ALAPPUZHA, REPRESENTED BY ITS CONVENOR, D.M.BABU. 5. POTHUMARALATH LOADING AND UNLOADING WORKERS UNION (AITUC), MARARIKULAM, ALAPPUZHA, REPRESENTED BY ITS GENERAL SECRETARY, V.J.ANTONY. 6. LOADING AND UNLOADING WORKERS UNION (INTUC), MARARIKULAM, ALAPPUZHA, REPRESENTED BY ITS PRESIDENT, P.B.PAUL. 7. LOADING AND UNLOADING WORKERS UNION (UTUC), MARARIKULAM, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, RAMACHANDRAN. GOVERNMENT PLEADER, SHRI T K VIPINDAS FOR R1-3 ADV. SRI.S.SHANAVAS KHAN FOR R4 TO 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17667 of 2010(G) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE KVAT RULES DT.25.8.2008. EXT.P2 : TRUE COPIES OF IDENTITY CARDS ISSUED TO THE PETITIONER'S WORKERS. EXT.P3 : TRUE COPY OF THE PETITION FOR POLICE PROTECTION DT,.4.6.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL // TRUE COPY// K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 17667 of 2010 G - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following relief: “to issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 to 3 to afford adequate and effective police protection to the petitioner to carry on loading and unloading operations with petitioner's permanent registered workers and cranes and for the smooth functioning of the business without any interference or obstruction from all or any member of respondents 4 to 7 or anybody acting under them.” 2. Briefly the case of the petitioner is as follows. Petitioner seeks police protection to carry out loading and W.P.(C).No. 17667 of 2010 2 unloading work with his permanent registered workers. Ext.P2 series are the identity cards issued in favour of the permanent workers of the petitioner to do loading and unloading work in the petitioner's unit. 3. Learned counsel for respondents 4 to 7 would submit that they have no legal right in the matter and they have no right to obstruct. Learned counsel further submits that respondents 4 to 7 are also being engaged. This contention is disputed by the learned counsel for the petitioner. 4. However, in the light of the fact that respondents 4 to 7 have no legal right to obstruct in view of Ext.P2 series, we dispose of the Writ Petition by making the interim order directing protection absolute. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm