The Gokul Rubber & Tea Plantations Ltd., Kottayam v. The Superintendent Of Police, Trivavandrum(Rural)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 ---------------------------- PETITIONER :

----------------- THE GOKUL RUBBER & TEA PLANTATIONS LTD., GOKUL BUILDING, K.K.ROAD, KANJIKUZHY, KOTTAYAM - 686 004 REPRESENTED BY ITS MANAGING DIRECTOR, MR. ZACHARIAH KURIYAN BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC RESPONDENTS :

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1. THE SUPERINTENDENT OF POLICE, TRIVAVANDRUM(RURAL) TRIVANDRUM - 695 503.

2. THE DY. SUPERINTENDENT OF POLICE NEDUMANGAD, TRIVANDRUM - 695 541.

3. THE CIRCLE INSPECTOR OF POLICE PALODE, TRIVANDRUM - 695 562.

4. THE SUB INSPECTOR OF POLICE VITHURA, TRIVANDRUM - 695 551.

5. THE DISTRICT LABOUR OFFICE, TRIVANDRUM - 695 501

6. THIRUVANANTHAPURAM DISTRICT ESTATE EMPLOYEES UNION (CITU) VITHURA - 695 551 REPRESENTED BY ITS GENERAL SECRETARY SRI.P.AYYAPPAN PILLAI

7. THIRUVANANTHAPURAM JILLA ESTATE MAZDUR SANGHAM (BMS) VITHURA - 695 551 REPRESENTED BY ITS PRESIDENT SRI.P.BALAKRISHANAN NAIR

8. ESTATE LABOUR CONGRESS (INTUC) VITHURA - 695 551 REPRESENTED BY ITS SECRETARY SRI.V.ANIRUDHAN NAIR R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R6 & R8 BY ADVS. SRI.V.RENJITH KUMAR SRI.B.DIPU SACH DEEV R7 BY ADV. SRI.A.S.SHAMMY RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE LATEST NOTICE NO. LR(2)-1527/14 DATED 19.08.2014 ISSUED BY THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM POSTING THE CASE FOR FURTHER HEARING ON 22.08.2014 WITH ENGLISH TRANSLATION. EXHIBIT P2 : TRUE COPY OF THE LETTER DATED 19.06.2014 ISSUED BY THE PETITIONER TO THE 1ST TO 4TH RESPONDENT.

EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 23.07.2014 ISSUED BY THE PETITIONER TO THE 1ST TO 4TH RESPONDENT.

EXHIBIT P4 : TRUE COPY OF LETTER DATED 07.08.2014 ISSUED BY THE PETITIONER TO THE 1ST TO 4TH RESPONDENT.

EXHIBIT P5 : TRUE COPY OF THE LETTER DATED19.08.2014 ISSUED BY THE PETITIONER TO THE 1ST TO 4TH RESPONDENT RESPONDENT(S)' EXHIBITS :

---------------------------------------- EXT.R6(A):

COPY OF THE DEMAND NOTICE DT 17/12/2013 ALONG WITH THE TRUE ENGLISH TRANSLATION.

EXT.R6(B):

COPY OF THE LETTER DT 14/6/2014 ALONG WITH THE TRUE ENGLISH TRANSLATION.

EXT.R6(C):

COPY OF THE NOTICE DT 14/6/2014 ALONG WITH THE TRUE ENGLISH TRANSLATION.

EXT.R6(D):

COPY OF THE NOTICE ISSUED BY THE DISTRICT LABOUR OFFICER, TRIVANDRUM DT 6/8/2014 ALONG WITH THE ENGLISH TRANSLATION. EXT.R6(E):

COPY OF THE NOTICE ISSUED BY THE PETITIONER DT 7/8/2014 ALONG WITH THE ENGLISH TRANSLATION.

EXT.R6(F):

COPY OF THE NEWS PUBLISHED IN DESHABHIMANI DAILY DT 9/8/2014 ALONG WITH THE ENGLISH TRANSLATION.

EXT.R6(G):

COPY F THE REQUEST LETTER DT 9/8/2014 ALONG WITH THE ENGLISH TRANSLATION.

//TRUE COPY// P.A.TO JUDGE bp

ASHOK BHUSHAN, C.J & A.M.SHAFFIQUE, J ---------------------------------------------------------------- W.P(C). No. 21860 of 2014 ---------------------------------------------------------------- Dated this the 27th day of November, 2015

J U D G M E N T

A.M.Shaffique, J This writ petition has been filed seeking police protection. The petitioner is running an estate. There has been disturbance from respondents 6 to 8 in the matter relating to functioning of the estate. Interim order has been passed by this court on 21.8.2014 directing the police to ensure law and order.

2. Learned Government Pleader submits that after passing the interim order in the writ petition, no untoward incident has been reported.

Accordingly we close the writ petition with liberty to the petitioner to approach the police if any further cause of action. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE // TRUE COPY // Sou.