High Court Kerala High Court

C.J.Prasad vs The Circle Inspector Of Police on 3 June, 2008

Kerala High Court
C.J.Prasad vs The Circle Inspector Of Police on 3 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17734 of 2007(J)


1. C.J.PRASAD, AARUMALAYIL,
                      ...  Petitioner
2. M.T.SAJIMON, PUKADIMALAYIL,
3. A.N.SIVAN, ALAMCHERI,
4. THANKACHAN A.B., AANJALITHARYIL,
5. K.P.PRASAD, KADANCHIRA,
6. P.A.RASHEED, PUKADYMALIYIL,
7. P.T.THOMAS, PUKADYMALIYIL,

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE MANAGER, DISTRICT DEPOT,

4. THE CHAIRMAN,

5. A.T.BIJU, KANIYAMPARAMBIL HOUSE,

6. V.K.SUNIL, VELIYAPARAMBIL HOUSE,

7. K.K.AYYAPPAN, KIZHEKKEKKUTTU,

                For Petitioner  :SRI.FEBIN J.VELUKARAN

                For Respondent  :SMT.MOLLY JACOB,SC,SUPPLYCO

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :03/06/2008

 O R D E R

K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.

——————————————————————————–

Writ Petition (C) No.17734 of 2007-J

——————————————————————————–

Judgment

Balakrishnan Nair, J.

The petitioners are headload workers attached to pool no.38B under the

4th respondent. The membership of respondents 5 to 7 of that pool now stands

terminated as per Ext.P2. The petitioners submit, the said respondents have

joined another union and with their support, are coming to the work place and

trying to threaten the petitioners and manhandle them. In the above

background, they have moved the police for necessary protection so that they

can do the work under the pool without any obstruction from the said

respondents. When the police did not take any action, this Writ Petition is filed,

seeking appropriate reliefs.

2. This court, while admitting the Writ Petition, issued an interim order

in favour of the petitioners. Respondents 5 to 7 have filed a counter affidavit,

stating that they have taken steps to avoid Ext.P2 in appropriate proceedings.

They also deny the allegation that they are threatening the petitioners. In fact,

they are only three in number whereas the petitioners are 7. So, the allegations

are unfounded, it is submitted.

WPC 17734/07 2

3. We heard the learned Government Pleader for the official

respondents and also the learned Standing Counsel for the third respondent.

As long as Ext.P2 remains in force, we feel that the interim order granted by

this court should remain in force. But, if Ext.P2 is set aside by the competent

authority and the membership of respondents 5 to 7 in the pool is restored, the

interim order granted by this court will stand vacated.

The Writ Petition is disposed of as above.





                                             K.BALAKRISHNAN NAIR,JUDGE




03.06.2008                                   M.C.HARI RANI, JUDGE



sta

WPC 17734/07    3