Per S. Sankarasubban, J.

The above Contempt Petition is filed by the petitioner in C.M.P. No. 31907/2000 in O.P. No. 18831/2000 on the ground of violation of the order in C.M.P. No. 31907/2000 and C.M.P. No. 32963/2000. Annexure-A1 is the order dated 7.7.2000 in C.M.P. No. 31907/2000. That order is as follows

Respondent want to file counter. Meanwhile to see that law and order is maintained and willing workers of petitioner's factory shall not be obstructed by any group of persons

Annexure-A3 is the order giving police protection to the petitioner, his workers and their men to have ingress and egress to the petitioner's factory. The Contempt Petition is filed on the ground that on 10.7.2000 at 4.30 P.M. the members of the Samithi demolished the main gate of the petitioner's factory and the policemen who were present in front of the factory gate did not prevent them from such illegal activities. Because of the above incident, several workers were injured and three of them were hospitalised. Immediately thereafter the petitioner went to the police station to bring to the notice of the respondents 1 and 2 about the incident. But both of them were not in station on that day. On 10.7.2000 itself after 11 P.M. the members of the Powra Samithi entered into the factory and demolished the office room and disconnected the telephone connection to the factory. Because of the above incident, nearly 35 persons were hospitalised. The various incidents were reported by various medias and also in various dailies. According to petitioner, the police did not take any useful action for the prevention of the incident

An affidavit has been filed by the Deputy Superintendent of Police, Adoor. In paragraph 3 of the affidavit, it is stated as follows :- As and when the police received information that there have been agitation by this Samithi before the factory the police have been very much vigilant to see that there was no untoward incident or any law and order problem because of this agitation. Regarding the petition filed on 4.7.2000, it is stated as follows : When the petition was received by the first respondent, steps were further taken for the proper protection of the place without the occurrence of any un-toward incidents. In paragraph 6 of the affidavit, it is stated as follows :- Everything was normal except for the agitation till 10.7.2000. On 10.7.2000, the protection duty at the factory gate was conducted by a team of policemen consisting of a Sub-Inspector, Assistant Sub-Inspector and 5 Police Constables. They have been on duty from 8 A.M. onwards. By about 10 A.M. a lorry containing granites came to the factory and a group of agitators about 200 in numbers blocked the lorry demanding settlement of their cause of closure of the bone meal factory. The police intervened and the lorry was taken inside the factory. But by about 5 P.M. on that day itself, the agitators swelled to more than 1000 and they started fighting against the police party posted there. The Assistant Sub-Inspector Mr. Kumaran who on official duty was pushed away and by virtually breaking the police cordon the agitators trespassed into the factory and started committing mischief. The details of the incident that took place has been stated in para 6 of the affidavitAccording to counter-affidavit, the police had been giving protection to the petitioner. But the crowd has been behaving badly

A reply-affidavit has been filed by the petitioner. In paragraph 3 of the reply-affidavit, it is stated as follows

From 20.6.2000 to 4.7.2000 not even a single police officer came to the factory premises inspite of the repeated representations submitted by the petitioner as well as the other organisations bringing to their notice the illegal obstructions created by the members of the alleged Powra Samithi to the petitioner to have access and ingress to the factory compound. If such police officials have acted promptly in preventing the unlawful interference of those persons in the