M.I.Mohammed Kunju vs Commissioner Of Police

Citation : 2022 Latest Caselaw 5838 Ker
Judgement Date : 31 May, 2022

Kerala High Court
M.I.Mohammed Kunju vs Commissioner Of Police on 31 May, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 14490 OF 2022
PETITIONER:

            M.I.MOHAMMED KUNJU
            AGED 55 YEARS
            S/O.ISMAIL, MANATH THOPPIL HOUSE, THRIKKAKARA P.O,
            KAKKANDAU, ERNAKULAM - 682 021.
            BY ADVS.
            ZAKEER HUSSAIN
            K.A.SANJEETHA
RESPONDENTS:

    1       COMMISSIONER OF POLICE
            KOCHI CITY, ERNAKULAM - 685584
    2       SUB INSPECTOR OF POLICE,
            CENTRAL POLICE STATION, ERNAKULAM-685584
    3       KOCHI MUNICIPAL CORPORATION,
            CORPORATION OFFICE, PARK AVENUE, P.B.NO.1016,
            KOCHI - 682 011. REPRESENTED BY ITS SECRETARY.
    4       SECRETARY,
            KOCHI MUNICIPAL CORPORATION, CORPORATION OFFICE,
            PARK AVENUE, P.B.NO.1016, KOCHI - 682 011,
            SRI.K.JANARDHANA SHENOY, SC
            SRI.T.K.SHAJAHAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14490 OF 2022
                                      2




                               JUDGMENT

Dated this the 31st day of May, 2022 This writ petition is filed seeking directions to respondents 1 and 2 to grant sufficient protection to the petitioner and his employees to collect parking fee as per Ext.P1 tender. The learned counsel for the petitioner submits that the collection of the parking fee is being obstructed by unknown persons.

2. The learned standing counsel appearing for the Corporation submits that the property has been entrusted to the petitioner for collection of parking fee and the petitioner is entitled to collect parking fee as per Ext.P1.

3. In the above view of the matter, there will be a direction that in case the petitioner faces any obstruction from any specified person or persons for the collection of the parking fee as provided in Ext.P1, the petitioner may inform the Station House Officer who shall afford adequate protection to the petitioner for the said purpose. WP(C) NO. 14490 OF 2022 3 This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14490 OF 2022 4 APPENDIX OF WP(C) 14490/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TENDER NOTIFICATION DATED 16/03/2022 ISSUED BY THE CORPORATION OF KOCHI.

Exhibit P2 TRUE COPY OF THE TENDER FORM DATED 22/03/2022 ISSUED BY THE CORPORATION OF KOCHI. Exhibit P3 TRUE COPY OF THE BANK GUARANTEE DATED 19/03/2022 FOR RS.23 LAKHS IN FAVOUR OF THE SECRETARY OF CORPORATION OF KOCHI. Exhibit P4 TRUE COPY OF THE ORDER DATED 01/04/2022 OF THE DEPUTY SECRETARY OF THE CORPORATION OF KOCHI.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 30/03/2022 ISSUED BY THE DEPUTY SECRETARY OF THE CORPORATION OF KOCHI.

Exhibit P6 TRUE TRUE COPY OF THE RECEIPT DATED 31/03/2022 ISSUED BY THE CORPORATION OF KOCHI.

Exhibit P7 RUE TRUE COPY OF THE AGREEMENT DATED 01/04/2022 BY THE PETITIONER IN FAVOUR OF THE CORPORATION OF KOCHI.

Exhibit P8 TRUE COPY OF THE REQUEST DATED 06/04/2022 ISSUED BY THE CORPORATION OF KOCHI. Exhibit P9 TRUE COPY OF THE APPLICATION DATED 16/04/2022 BEFORE THE RESPONDENTS 1 AND 2 FOR ADEQUATE POLICE PROTECTION.

RESPONDENTS' EXHIBITS: NIL