IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 30826 of 2011(C) -------------------------------- PETITIONER(S): ------------------ C.S.SUJATHAN, 44 YEARS, S/O.CHELLAN, PROPRIETOR, BENOY MARBLE & GRANITES, THAZHE CHOWWA, KANNUR TOWN, KANNUR DISTRICT. BY ADV. SMT.MINI GANGADHARAN RESPONDENT(S): -------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR.-670001 2. THE ASSISTANT COMMISSIONER OF POLICE, KANNUR TOWN.-670001 3. THE CIRCLE INSPECTOR OF POLICE, KANNUR TOWN.-670001 4. M.P.RAJENDRAN, PRESIDENT, C.I.T.U., AVERAPALAM, P.O.CHOVVA, KANNUR DISTRICT.-670006 5. K.PREMAN, PRESIDENT, CHOWWA RURAL SERVICE CO-OPERATIVE BANK, CHOVVA P.O., KANNUR DISTRICT.-670006 6. MANOJ KUMAR, ELAYANNOOR SERVICE CO-OPERATIVE BANK, THAAZHE CHOVVA, KANNUR DISTRICT-670006 7. E.T.RAVEENDRAN, EDAKKEPATTA THALIPPORI VEEDU, NEAR MYLAPPURAM SREE VEERA BHADRA SWAMI TEMPLE, MYLAPPURAM, KANNUR TOWN, KANNUR DISTRICT.-670001 WP(C).No. 30826 of 2011(C) -2- 8. HAREENDRAN, NEAR CHEMMANIYAN KAVU, THAAZHE CHOVVA P.O., THAZHE MUNDAYADU, KANNUR DISTRICT.-670006 9. N.P.RAJESH MOOLOTU HOUSE, KIZHUTHALLI, THAAZHE CHOVVA P.O., KANNUR DISTRICT.-670006 10. NALINAKSHAN, MARIYANMAR HOUSE, NEAR G.H.S., PERALASSERI, MUNDALLOOR P.O., KANNUR TOWN.-670001 ADV. SRI.P.M.PAREETH FOR R5,9,10 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30826 of 2011(C) APPENDIX PETITIONER'S EXTS EXT.P1:- THE CERTIFICATE OF REGISTRATION OF THE BENOY MARBLES & GRANITES. EXT.P2:- THE COPY OF PETITION SUBMITTED BEFORE THE S.P., KANNUR. RESPONDENT'S EXTS EXT.R5(a):- TRUE PHOTOCOPY OF the REPRESENTATION DATED 28/05/11 SUBMITTED BEFORE THE DISTRICT LABOUR OFFICER, KANNUR. EXT.R5(b):- TRUE PHOTOCOPY OF THE LETTER DATED 01/09/11 SUBMITTED BY UNION BEFORE THE WRIT PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30826 of 2011 ------------------------------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who is the proprietor of M/s Benoy Marble & Granites has filed this Writ Petition seeking police protection for his life and also for peaceful conduct of business freed of obstructions and threats caused by respondents 5, 6, 7, 8 and 9 and their henchmen. He also prays that the police officers be directed to ensure that the petitioner is able to conduct business in a serene atmosphere free from the interferences of the party respondents and their people. There is a further prayer that the party respondents be directed to shift their agitation to a point 200 metres away from the business premises of the petitioner. 2. We have heard submissions of Smt.Mini Gangadharan, the learned counsel for the petitioner and W. P. C. No.30826 of 2011 -2- Sri.P.M.Pareeth, the learned counsel for the party respondents. We have heard Sri.M.K.Aboobacker, the learned senior Government Pleader also. According to the learned Government Pleader at present there is no law and order situation and the agitation is being conducted by the party respondents in a peaceful manner. The Writ Petition can be closed directing the police to intervene when the law and order situation arises. 3. Smt.Mini Gangadharan drew our attention to the averments in paragraph 3 of the counter affidavit submitted by the party respondents wherein it is stated that the party respondents are conducting agitation 200 metres away from the business premises of the petitioner. She submitted that in view of that averment the party respondents be directed to conduct agitation 200 metres away from the business premises of the petitioner. 4. When we enquired of the learned counsel for the party respondents as to whether they are actually conducting Dharna at a distance of 200 metres, his answer W. P. C. No.30826 of 2011 -3- was in the positive. Having given our anxious consideration to the rival submissions addressed at the Bar, we are of the view that it is too early to blame the police of lethargy. We notice that even after the institution of the Writ Petition the police have registered two crimes against the party respondents. Police are definitely taking action. We direct the police to conduct enquiry in the above two crimes and to investigate into the same with all sincerity and submit Final Report or Refer Report as the case may be without undue delay. We dispose of the Writ Petition directing the 3rd respondent the Circle Inspector of Police having jurisdiction over the area to keep constant vigil over the place of business premises of the petitioner and the places where the party respondents are conducting agitation and to ensure that the agitation which is presently being conducted by the party respondents does not give rise to any law and order situation or violence. At any rate, it shall be the obligation of the 3rd respondent to ensure that ingress and egress to the petitioner, to the petitioner's willing employees and W. P. C. No.30826 of 2011 -4- customers is not obstructed by any of the party respondents or striking workers. We record para 3 of the counter affidavit submitted by the party respondents and make it clear that this judgment will not stand in the way of the party respondents conducting peaceful agitation voicing their grievances against what they describe as the illegal termination of the 7th respondent from the service of the petitioner. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE