The judgment reinforces the obligation of law enforcement to prevent unlawful obstruction of lawful activities, ensuring public order is maintained.

JUDGMENT

Ramachandra Menon J.

The petitioner is constrained to approach this Court seeking for police protection because of the laxity on the part of the police officers in enabling the petitioner to pursue the work awarded to the concerned society, of which the petitioner is the President.

2. As pleaded in the writ petition, the petitioner society was awarded a work in connection with Anti Sea Erosion activities by reconstructing a damaged sea wall, which was sought to be executed by deploying mechanical devices such as JCBs, poclains, tippers etc. It is stated that the same is a 'time bound work' and the petitioner has deployed sufficient man power as well. However, without any regard to the nature of the activities being pursued by the petitioners, respondents 5 to 10 and the persons acting under them forcefully obstructed the vehicles and activities on 20.01.2012, making some unlawful demand which was not acceptable to the petitioner. In view of the law taken to the hands of respondents 5 to 10, the petitioners approached the police by filing a complaint, but since the same did not turn to be fruitful, the petitioner is before this Court.

3. Pursuant to the notice ordered, respondents

5 to 10 have entered appearance. The learned counsel appearing for the said respondents submits that the averments contained in the writ petition are not correct and no obstruction whatsoever was made by the said respondents at any point of time; nor do they intend to obstruct the vehicles or the operations being pursued by the petitioner. The learned counsel further submits that, it is a 'scheme covered area' and the rights and liberties of the respondents have to be protected.

4. The learned Government Pleader appearing for the respondents 1 and 2 submits that in respect of the offence stated as committed, a crime has been registered as crime No. 53 of 2012 of Chavara Police Station and the matter is being investigated.

5. In the above circumstances, we dispose of the writ petition, recording the submission made by the learned counsel for the respondents 5 to 10 that they are not causing any obstruction to the activities being pursued by the petitioner. However, it is made clear that if any such obstruction is made, leading to law and order situation, the same shall be abated by the police, by taking effective and adequate remedy providing necessary protection to the petitioner, his vehicles and the workers concerned. It is further made clear that, this will not bar the way of the respondents 5 to 10 in pursuing their grievances before the authorities of the Labour Department, if there is any labour dispute.