IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 WP(C).No. 12493 of 2009(F) -------------------------- PETITIONER ------------- BIRLA SUN LIFE INSURANCE COMPANY LIMITED 5TH FLOOR,PUKALAKKAT CITY CENTRE, SIVADAS TOWERS,K.K.NAIR ROAD,PALARIVATTOM, KOCHI-682 025.REP.BY ITS REGIONAL MANAGER MR.RAJESH VARADARAJAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI RESPONDENTS ---------------- 1. NEW GENERATION BANKS & INSURANCE STAFF ASSOCIATION (NGBISA),TC 14/1573,OVRA-E-112/1, VAZHUTHACAUD,THYCAUD P.O.,THIRUVANANTHAPURAM- 695 014, REP.BY ITS PRESIDENT. 2. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, PALARIVATTOM,KOCHI. 5. THE SUB INSPECTOR OF POLICE, THEVARA,KOCHI. 6. THE SUB INSPECTOR OF POLICE, THODUPUZHA. 7. THE SUB INSPECTOR OF POLICE, KANJIKKUZHY,KOTTAYAM. wpc:12493 of 2009 2 8. THE SUB INSPECTOR OF POLICE, CHALAKKUDY. 9. THE SUB INSPECTOR OF POLICE, WEST FORT,THRISSUR. 10.THE SUB INSPECTOR OF POLICE, PALAKKAD SOUTH. ADV. SRI.ASOK M.CHERIAN FOR R1 BY GOVERNMENT PLEADER SRI.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: wpc:12493 of 2009 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 :TRUE COPY OF THE LETTER DATED 24.3.2009 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P3 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P4 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 5TH RESPONDENT. EXHIBIT P5 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 6TH RESPONDENT. EXHIBIT P6 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 7TH RESPONDENT. EXHIBIT P7 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 8TH RESPONDENT. EXHIBIT P8 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 9TH RESPONDENT. EXHIBIT P9 :TRUE COPY OF THE LETTER DATED 20.04.2009 ADDRESSED BY THE PETITIONER TO THE 10TH RESPONDENT. //TRUE COPY// PA TO JUDGE P.N.Ravindran & P.R.Ramachandra Menon, J J -------------------------------------------------- W.P.(C) No.12493 of 2009 --------------------------------------------------- Dated this the 28th day of April, 2009 JUDGMENT Ravindran, J Heard Sri.E.K.Nandakumar, the learned counsel appearing for the petitioner, Sri.Ashok M.Cheriyan, the learned counsel appearing for the first respondent and Sri.N.Santhosh, the learned Government Pleader appearing for respondents 2 to 10. 2. The petitioner, a Public Limited Company engaged in Life Insurance business has filed this writ petition seeking police protection for its branches at (1) M.G.Road, Kochi (2) Palarivattom, Kochi (3) Thodupuzha (4) Kanjikkuzhy, Kottayam (5) Chalakudy (6) Thrissur and (7) Palakkad. The petitioner alleges that the first respondent association has threatened to disrupt the functioning of the aforesaid branches. The first respondent has filed a counter affidavit stating that they do not propose to cause any threat to law and order or take the law into their hands, while taking up the matter with the management of the petitioner organization in a democratic and lawfull manner seeking amicable settlement of the issues. The learned counsel appearing for the first respondent submits that the first respondent does not propose to obstruct business being carried on by the petitioner in the branches referred to above. wpc:12493 of 22009 2 In the light of the submissions made at the Bar by the learned counsel appearing for the first respondent and the stand taken by the first respondent in the counter affidavit, we dispose of this writ petition with a direction that in the event of the first respondent or its members obstructing the business being carried on by the petitioner through its branches at (1) M.G.Road, Kochi (2) Palarivattom, Kochi (3) Thodupuzha (4) Kanjikkuzhy, Kottayam (5) Chalakudy (6) Thrissur and (7) Palakkad, the concerned Sub Inspector of Police shall on being informed by the concerned Branch Manager, remove the obstruction and afford adequate police protection to enable business being carried on by the petitioner in the aforesaid branches. P.N.Ravindran, Judge P.R.Ramachandra Menon, Judge bps