G.Nagarajan vs The Sub Inspector Of Police on 15 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27370 of 2009(M)


1. G.NAGARAJAN,S/O.GANESAN ASARI,KAUSTHUBAM
                      ...  Petitioner
2. ISMAIL KUNJU,S/O.IBRAHIMKUTTY,
3. VELAYUDHAN ASARI,S/O.GANESAN ASARI,

                        Vs



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

2. BIJISEN VIJAYAKUMAR, W/O.VIJAYAKUMAR,

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  :SRI.LATHEESH SEBASTIAN

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :15/10/2009

 O R D E R
         KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
            -----------------------------------------
                 W.P(C)No.27370 of 2009
            -----------------------------------------
        Dated this the 15th day of October, 2009

                            JUDGMENT

Kurian Joseph,J.

The writ petition is filed with the following prayer:-

i) issue a writ of mandamus or any other writ,

order or direction commanding and compelling the

1st respondent to afford adequate and effective

police protection to the lives of the petitioners, from

the illegal acts, threats and abuse of the 2nd

respondent and her henchmen and enable the

petitioners to conduct their trade in the respective

shop rooms.

Learned counsel for the second respondent submits that the

second respondent will not in any way interfere with the

business of the petitioners otherwise than in accordance with

law. The above submission is recorded. Learned counsel for

the second respondent submits that under the cover of the

order of injunction obtained by the petitioners, they are

attempting to conduct maintenance of the building without

due permission from the court or the Accommodation

W.P(C)No.27370 of 2009
-:2:-

Controller. If that be so, it is for the second respondent to take

appropriate action in accordance with law before the appropriate

forum. This court will not be justified in entering an adjudication

as to whether there is construction, maintenance etc. The

direction by this court to the second respondent is only to the

effect that the second respondent shall not interfere with the

business of the petitioners. In the event of any such attempt to

interfere with the business, it will be open to the petitioners to

bring the matter to the notice of the Police in which event the

Police will render necessary protection for the smooth conduct of

the business of the petitioners.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

(C.T.RAVIKUMAR, JUDGE)
ahg.

KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.

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W.P(C)No.27370 of 2009

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JUDGMENT

15th October, 2009