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Asif K.P. vs The Sub Inspector Of Police on 12 June, 2008

Kerala High Court
Asif K.P. vs The Sub Inspector Of Police on 12 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17616 of 2008(V)


1. ASIF K.P., AGED 25, S/O.ABOOBACKER V.K.
                      ...  Petitioner

                        Vs



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

2. KUNDENCHERRY MOIDU HAJI, BUSINESS,

3. K.HARIDASAN, S/O.BALAN, PRESIDENT,

4. STATE OF KERALA, REP BY THE SECRETARY

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

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

 Dated :12/06/2008

 O R D E R
          K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ

           ==============================

                    W.P.(C)NO. 17616 OF 2008

             ============================

            DATED THIS THE 12TH DAY OF JUNE 2008

                              JUDGMENT

Balakrishnan Nair,J.

The petitioner is a tenant in the building owned by the second

respondent. The third respondent has filed a suit, O.S.No.186/2008

before the Munsiff Court, Thalassery against the second respondent

and others and obtained Ext.P2 interim injunction order. The said

order of the Munsiff Court has injuncted the defendants in that suit

and also all persons claiming rights under them including tenants

from carrying on business in the plaint schedule building. Admittedly

the petitioner is carrying on business in that building. The petitioner

submits, he is not a party to Ext.P2 and therefore he is entitled to

continue to do the business and for that he seeks police protection.

Though the petitioner filed Ext.P3 representation before the police,

they did not extend necessary help. Hence, this writ petition.

2. We feel that the police have no duty to help the petitioner to

do the business in violation of Ext.P2. Therefore, we cannot ask the

police to help the petitioner to flout the order of the competent civil

WPC. 17616/2008 -2-

court. If the petitioner is aggrieved by Ext.P2, his remedy lies

elsewhere and not before the police. Accordingly, this writ petition is

dismissed without prejudice to the contentions of the petitioner and

his right to move other forums for appropriate reliefs.

K. BALAKRISHNAN NAIR,
JUDGE

M.C. HARI RANI
JUDGE

ks.

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