High Court of KeralaWP(C)/33704/2015disposed of

Chacko George v. The Sub Inspector Of Police

2015-11-18Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 33704 of 2015 (K) ---------------------------- PETITIONER:

------------------- CHACKO GEORGE, S/O.GEORGE, AGED 65, KONDODIYIL HOUSE, UMBIDI POST, THOTTACKADU, CHANGANASSERY, KOTTAYAM DISTRICT.

BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S):

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1. THE STATION HOUSE OFFICER, CHANGANASERRY POLICE STATION, CHANGANASERRY, KOTTAYAM DISTRICT - 686 102.

2. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, KOTTAYAM - 686001.

3. THE KOTTYAM DISTRICT MOTOR AND MECHANICAL WORKERS UNION (CITU), REPRESETNED BY ITS SECRETARY, P.J.VARGHESE, CHANGANASERRY, KOTTAYAM - 686 101.

4. BIJU SCARIA, PRESIDENT, KOTTAYAM DISTRICT MOTOR AND MECHANICAL WORKERS UNION (CITU), CHANGANASSERRY, KOTTAYAM - 686 101.

R1 & R2 BY GOVT. PLEADER SRI.C.R.SYAMKUMAR R4 BY ADV. SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 33704 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1TRUE COPY OF THE PERMIT IN RESPECT OF STAGE CARRIAGE KL 33 9235 OF THE PETITIONER CONDUCTING SERVICE ON THE ROUTE THOTTAKKADU HOSPITAL - CHANGANASSERY IN KOTTAYAM DISTRICT.

EXT.P2TRUE COPY OF HTE AGREEMENT RESOLVING THE DISPUTE OF TIMINGS REACHED BETWEEN THE VARIOUS STAGE CARRIAGE OWNERS ON THE ROUTE OPERATED BY THE PETITIONER PRESIDED OVER BY THE 4TH RESPONDENT WITHOUT ENGLISH TRANSLATION. EXT.P3TRUE COPY OF THE NOITCE ISSUED BY THE 3RD RESPONDENT TO THE PETITONER DATED 22.9.2013 WITH ENGLISH TRANSLATION. EXT.P4TRUE COPY OF THE REPLY TO EXHIBIT P3 NOTICE SENT BY THE PETIITONER WITH ENGLISH TRANSLATION.

EXT.P5TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE NOTICE OF LABOUR DISPUTE RAISED BY THE 4TH RESPONDENT WITH ENGLISH TRANSLATION.

EXT.P6TRUE COPY OF THEMPLAINT AND REQUEST FOR PROTECTION SUBMITTED TO THE 1ST RESPONDENT DATED 28.9.2015 WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

--------------------------------------- W.P.(C) No.33704 of 2015 ---------------------------------------- Dated this the 18th day of November 2015

J U D G M E N T

Shaffique, J.

This writ petition is filed seeking for police protection. It is inter alia alleged that the 4th respondent being the President of the 3rd respondent Union is demanding money every week as reward for having drafted an agreement. When the petitioner failed to pay the amount, the 4th respondent had started obstructing the operation of his stage carriage. Though complaint was filed before the police, no action has been taken in the matter. It is also stated that the claim of the 4th respondent is pending adjudication before the 2nd respondent.

Learned counsel appearing for the 4th respondent submits that the 4th respondent has not obstructed the functioning of the stage carriage in any manner, whereas, the issue is totally different. According to him, the petitioner's son had manhandled a person and a criminal case has been registered against him. It is to avoid the police taking action against him, this writ petition has been filed.

W.P.(C) No.33704 of 2015 -: 2 :- 3.

Learned counsel for the petitioner submits that the 2nd respondent had already passed an order with reference to the claim made by the 4th respondent.

Having regard to the aforesaid factual situation, it is clear that the operation of the stage carriage cannot be objected by any person. Even according to the 4th respondent, he has not obstructed the operation of the stage carriage by the petitioner. Under such circumstances, this writ petition is disposed of as under :- If there is any obstruction from respondents 3 and 4 in the matter relating to operation of the stage carriage by the petitioner, the first respondent shall ensure maintenance of law and order and also ensure that no such obstruction is being caused by respondents 3 and 4. This is however, without prejudice to any of the rights of the parties in the matter pending before the District Labour Officer.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/18.11.2015.