IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 3237 of 2009(I) ------------------------- PETITIONER(S): --------------- C.SATHISHA, PROJECT MANAGER, VISHAL INFRASTRUCTURE LIMITED, C/O.THE ASSISTANT GENERAL MANAGER ENGINEERING (CIVIL), AIRPORT AUTHORITY OF INDIA, PROJECT DIVISION - II, CHAKAI, THIRUVANANTHAPURAM-695 024. BY MR.BEPIN VIJAYAN, ADVOCATE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 4. THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM SUB DIVISION, THIRUVANANTHAPURAM CITY. 5. THE CIRCLE INSPECTOR OF POLICE, VALIYATHURA POLICE STATION. 6. THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION. 7. SASIDHARAN, C.I.T.U. CONVENOR, CHAKAI, AIRPORT ROAD OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. WPC.3237/09 8. R.VIJAYAKUMAR, A.I.T.U.C. CONVENOR, AIRPORT ROAD OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. 9. V.SREEKUMAR, B.M.S. CONVENOR, AIRPORT ROAD OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. 10. T.SHAJI KUMAR, I.N.T.U.C. CONVENOR, AIRPORT ROAD OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. 11. J.CHANDRA BABU, U.T.U.C CONVENOR, AIRPORT ROAD OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. 12.AIRPORT AUTHORITY OF INDIA, REP. BY ITS AIRPORT DIRECTOR, TRIVANDRUM AIRPORT, THIRUVANANTHAPURAM – 695 024 MR.K.L.NARASIMHAN, SC, TVM AIRPORT ATY FOR R12 MR.THOMAS ABRAHAM, ADVOCATE FOR R7-11 MR.V.PRATHAPACHANDRAN, ADVOCATE FOR R7-11 MR.A.PUSHPADAS, ADVOCATE FOR R7-11 MR.DIPU.R, ADVOCATE FOR R7-11 SMT.MERCIAMMA MATHEW FOR R7-11 MR.K.S.HARIDAS, ADVOCATE FOR R7-11 MR.RENJITH KUMAR.V, ADVOCATE FOR R7-11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.3237/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RATES DEMANDED FROM THE PETITIONER BY RESPONDENTS 7 TO 11. EXT.P2: COPY OF THE COMPLAINT DATED 23.12.2007 FILED BEFORE THE 4TH RESPONDENT. EXT.P3: COPY OF THE COMPLAINT DATED 26.12.2007 FILED BEFORE THE 3RD RESPONDENT. EXT.P4: COPY OF THE RECEIPT DATED 26.12.2007 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. EXT.P5: COPY OF THE RECEIPT DATED 27.12.2007 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXT.P6: COPY OF THE JUDGMENT DATED 31.1.2008 IN W.P.(C).NO.1274/2008. EXT.P7: COPY OF THE MINUTES OF THE MEETING HELD ON 27.5.2008 BEFORE THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), TRIVANDRUM AND DISTRICT LABOUR OFFICER, GOVT. OF KERALA, THIRUVANANTHAPURAM. EXT.P8: COPY OF THE COMPLAINT DATED 15.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P9: COPY OF THE COMPLAINT DATED 22.1.2009 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P10: COPY OF THE COMPLAINT DATED 23.1.2009 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P11: COPIES OF THE O.P.TICKETS WITH DETAILS OF THE WOUNDS OF THE INJURED DRIVERS. EXT.P12: COPIES OF THE PHOTOGRAPHS OF THE DAMAGED VEHICLES. EXT.P13: COPY OF THE COMPLAINT LETTER DATED 24.1.2009 SUBMITTED BY THE PETITIONER TO THE ASST.GENERAL MANAGER, A.A.1. RESPONDENTS EXHIBITS: EXT.R10(a):COPY OF THE LIST OF RATES FIXED BY THE BOARD WITH EFFECT FROM 1.6.2008. W.P.(C).3237/09 EXT.R10(b)COLLECTIVELY:COPY OF THE NOTICES ISSUED BY THE DISTRICT LABOUR OFFICER FOR THE MEETING ON VARIOUS DATES. EXT.R10(c):COPY OF THE MINUTES OF THE MEETING HELD ON 27.5.2008. EXT.R10(d):COPY OF THE SETTLEMENT SIGNED BY THE PETITIONER AND THE REPRESENTATIVES OF VARIOUS UNIONS. /TRUE COPY/ J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.P.(C).NO.3237 OF 2009 () ----------------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. This is a petition for police protection. It is submitted by the petitioner that there is a settlement. So long as the settlement is there, police protection should be granted if the petitioner is abiding by the terms of the settlement. With the above observations, this writ petition is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008