IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 26507 of 2011(K) ---------------------------------- PETITIONER(S): ------------------- 1. K.M.ALEXANDER, MANAGING PARTNER, HIGH RANGE GRANITE INDUSTRIES, RETNAGIRI, POOVANCHI BHAGOM, MUNDAKAYAM EAST, IDUKKI DISTRICT (RESIDING AT KARIKILA KUNNEL, 31ST MILE, MUNDAKAYAM P.O. 2. ASHOK.M.ALEXANDER,KARIKILA KUNNEL, 31ST MILE, MUNDAKAYAM P.O., PROPRIETOR, HIGH RANGE BRICK INDUSTRIES, RETNAGIRI, POOVANCHI BHAGOM, MUNDAKAYAM EAST, IDUKKI DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): -------------------- 1. SUNIL SEKHAR, (CONVENOR C.I.T.U. UNION), PALAMOOTTIL CHITTADI PO, CHOTTY BHAGOM, KOTTAYAM DISTRICT- 686 001. 2. SHIBU JOHN, S/O.KUTTAPPAN, (CONVENOR, B.M.S.UNION), EDATHIPARAMBIL HOUSE, KUTTIPLANGADU P.O., NARAKAMPUZHA, KOOTTICKAL, MUNDAKAYAM (VIA), KOTTAYAM (DISTRICT)-686 514. 3. SUB INSPECTOR OF POLICE, PERUVANTHANAM POLICE STATION, MUNDAKAYAM EAST P.O., IDUKKI DISTRICT-686 513. 4. CIRCLE INSPECTOR OF POLICE-PEERUMEDU, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, PEERUMEDU P.O., IDUKKI DISTRICT-686 531. R2 BY ADV. SRI.N.NAGARESH R3 & R4 BY GOVT. PLEADER SRI.DINESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26507/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE ISSUED FOR THE KOKKAYAR PANCHAYAT TO THE 1ST PETITIONER FOR THE CONDUCTING OF THE CRUSHER UNIT. P2: COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER FROM THE KOKKAYAR PANCHAYAT FOR THE CONDUCTING OF THE QUARRY. P3: COPY OF THE LICENSE ISSUED FROM THE KOKKAYAR PANCHAYAT IN FAVOUR OF THE 2ND PETITIONER FOR THE CONDUCTING OF THE CEMENT BRICK UNIT. P4: COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT. P5: COPY OF THE NOTICE ISSUED BY THE C.I.T.U. UNION ON 03/09/2011 TO THE 1ST PETITIONER. P6: COPY OF THE NOTICE DATED 03/08/2011 ISSUED BY THE B.M.S. UNION. P7: COPY OF THE STRIKE NOTICE DATED 13/09/2011 ISSUED BY THE C.I.T.U. UNION. P8: COPY OF THE STRIKE NOTICE DATED 09/09/2011 ISSUED BY THE B.M.S. UNION. P9: COPY OF THE PETITION DATED 26/09/2011 SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT LABOUR OFFICER. P10: COPY OF THE NOTICE DATED 28/09/2011 ISSUED BY THE DISTRICT LABOUR OFFICER, IDUKKI. P11: COPY OF THE PETITIONER FOR POLICE PROTECTION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P12: COPY OF THE RECEIPT DATED 30/09/2011 ISSUED FROM THE 3RD RESPONDENT TO THE 1ST PETITIONER. P13: A SIMILAR PETITION IS FILED BEFORE THE 4TH RESPONDENT C.I. OF POLICE, PEERUMEDU. P14: COPY OF THE RECEIPT DATED 30/09/2011 FROM THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).No.26507 of 2011 --------------------------------- Dated this the 17th day of October, 2011 JUDGMENT Abdul Rehim ,J. This writ petition is filed seeking direction for affording effective police protection to the functioning of the crusher unit, quarry unit and Tile Bricks unit, owned by the petitioners. From the averments it is clear that the police protection was sought for on the basis of a call for strike made by respondents 1 and 2. When the writ petition came up for consideration, through an interim order passed by this court direction was issued to respondents 3 and 4 to ensure that the workers who are on strike under leadership of respondents 1 and 2 are not causing any obstruction in the petitioners industrial units obstructing ingress and egress of the petitioners, their management staff and willing workers and to the ingress and egress of the vehicles transporting goods therefrom. 2. Today, when the matter was taken up, it is submitted on behalf of the 2nd respondent that the call for strike has been WP(C).26507/2011 2 withdrawn and the workers representing respondents 1 and 2 have already started work in the petitioners' establishments. The above aspect is conceded by learned counsel appearing for the petitioners. He further submitted that there are some minor issues and disputes yet to be resolved. However, it is noticed that the workers are not on strike and they are not causing any obstructions to the smooth functioning of the industrial units. We feel that no further issue survives for consideration in this writ petition. Accordingly, the writ petition is disposed of. It is made clear that on the event of any fresh cause of action, the petitioners will be free to approach this court in appropriate proceedings. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).26507/2011 3