Kerala High Court
V.K.Mustafa vs M.K.Suhara on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 27337 OF 2019
PETITIONERS:
1 V.K.MUSTAFA
AGED 69 YEARS
S/O.LATE KAYEE, PROPRIETOR, KAYEES RESTAURANT,
MATTANCHERRY, KOCHI-682002.
2 V.M.SHABEER,
AGED 39 YEARS
S/O.V.K.MUSTAFA, REHMATH MANZIL, VI/1306, INDIAN
CHAMBER ROAD, KOCHI-682002.
BY ADVS.
JOHNSON MANAYANI
BENHUR JOSEPH MANAYANI
JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 M.K.SUHARA
AGED 55 YEARS
W/O.ABU, HOUSE NO.CC6/1403, MATTANCHERRY P.O.,
KOCHI-682002.
2 ABU,
AGED 60 YEARS
HOUSE NO.CC6/1403, MATTANCHERRY P.O., KOCHI-
682002.
3 SHIYAZ,
AGED 30 YEARS
HOUSE NO.CC6/1403, MATTANCHERRY P.O., KOCHI-
682002.
4 SECRETARY TO HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
W.P.(C).No.27337/2019
2
5 CITY POLICE COMMISSIONER,
KOCHI CITY, ERNAKULAM DISTRICT-682011.
6 THE DEPUTY SUPERINTENDENT OF POLICE,
MATTANCHERRY P.O., ERNAKULAM-682002.
7 THE CIRCLE INSPECTOR OF POLICE,
MATTANCHERRY CIRCLE, MATTANCHERRY P.O., -682002.
8 THE SUB INSPECTOR OF POLICE,
MATTANCHERRY, KOCHI-682002.
BY ADV BIMAL PRASAD
R1 TO R3 BY SRI.R.MURALEEKRISHNAN
SRI.V.S.NOUSHAD
SMT.T.M.RESHMY
SMT.SITHARA S.
R4 TO R8 BY SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.27337/2019
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.27337 of 2019
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Dated this the 13th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of Mandamus or any other writ, or
orders commanding the respondents 4 to 8 to
grant police protection to the petitioners, their
family members and employees of the petitioners
to thwart and avert the attempted offences of the
respondents 1 to 3 and by their supporters.
ii. Issue a writ of Mandamus or any other writ, or
order commanding respondents 4 to 8 to monitor
the movements and phone calls of the
respondents 1 to 3 and by their followers.
iii. Issue a writ of Mandamus or any other writ or
order commanding the respondents 4 to 8 to give
police protection to the petitioners Ext P1
properties.
iv. Issue such other orders as deemed fit by this
Hon'ble court.
2. The counsel for the petitioners conceded that two
civil suits are pending before the civil court with regard to the
issue mentioned in the writ petition. But the counsel
W.P.(C).No.27337/2019
submitted that there is apprehension of danger to the life of
the petitioners. The submission of the petitioners is that there
may be a direction to protect the life of the petitioners and an
order to maintain the law and order situation. The
Government Pleader submitted that if there is any law and
order issue, the Police will do the needful in accordance to
law.
In the light of the above submission, I think this writ
petition can be disposed in the following manner:
1. If there is any law and order issue, the petitioners
are free to approach the Station House Officer
concerned with a representation/complaint.
2. If such a representation/complaint is received,
the Station House Officer will do the needful to
protect law and order.
3. All other contentions of the petitioners and the
contesting respondents are left open.
With the above observations, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.27337/2019
APPENDIX OF WP(C) 27337/2019
PETITIONER ANNEXURE
EXHIBIT P1 THE TRUE COPY OF THE OCCUPANCY
CERTIFICATE ISSUED BY CORPORATION OF
KOCHI DATED 3.8.2015.
EXHIBIT P2 THE TRUE COPY OF THE RECEIPT FOR
PROPERTY TAX ISSUED BY CORPORATION OF
KOCHI DATED 2.8.2019.
EXHIBIT P3 THE TRUE COPY OF THE OFFICIAL RECEIPT
FOR D & O LICENCE ISSUED BY KOCHI
CORPORATION TO THE PETITIONERS DATED
6.3.2019.
EXHIBIT P4 THE TRUE COPY OF THE PETITION FILED BY
THE 2ND PETITIONER BEFORE THE CIRCLE
INSPECTOR OF POLICE, MATTANCHERRY
DATED 21.10.2017 WITH THE
ACKNOWLEDGEMENT RECEIPT FOR THE SAME
DATED 23.10.2017.
EXHIBIT P5 THE TRUE COPY OF THE PETITION FILED BY
THE PETITIONERS BEFORE THE RESPONDENTS
4 TO 8 DATED 4.10.2019.
EXHIBIT P6 TRUE COPY OF HTE PETITION FILED BY THE
PETITIONERS BEFORE THE RESPONDENTS 5
TO 8 DATED 29.4.2020
EXHIBIT P7 TRUE COPY OFHTE BUILDING PERMIT ISSUED
BY THE ASST. EXECUTIVE ENGINEER OF THE
5TH RESPONDNET KOCHI CORPORATION DATED
21.08.2013.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE PLAINT IN OS
NO.306/2016 DT. 30.8.2016.
EXHIBIT R1(B) TRUE COPY OF STOP MEMO DATED 23.6.2016
ISSUED BY THE ASSISTANT EXECUTIVE
ENGINEER, CORPORATION OF KOCHI.
EXHIBIT R1(C) TRUE COPY OF REPORT OF THE VILLAGE
OFFICER, FORT KOCHI DATED 10.8.2016.
EXHIBIT R1(D) TRUE COPY OF LETTER DATED 29.8.2016
ISSUED BY THE SECRETARY, CORPORATION
TO THE SUB INSPECTOR OF MATTANCHERY.
W.P.(C).No.27337/2019
EXHIBIT R1(E) TRUE COPY OF THE LETTER OF SUB
INSPECTOR OF POLICE, MATTANCHERY DATED
14.11.2016 ISSUED TO THE PETITIONER.
EXHIBIT R1(F) TRUE COPY OF THE PETITION DATED
14.12.2016 FILED BY THE RESPONDENT
NO.1.
EXHIBIT R1(G) TRUE COPY OF THE STOP MEMO VIDE
NO.FCP2-1857/2016 BY THE CORPORATION
OF KOCHI DATED 9.3.2017 ISSUED TO THE
2ND PETITIONER.
EXHIBIT R1(H) TRUE COPY OF THE REPORT OF CHIEF TOWN
PLANNER (VIGILANCE) DATED 15.5.2017.
EXHIBIT R1(I) TRUE COPY OF THE NOTICE OF THE UNDER
SECRETARY, LSGD DATED 27.6.2017.
EXHIBIT R1(J) TRUE COPY OF THE NOTICE IN APPEAL
NO.752/2018 FILED BY PETITIONER
RECEIVED FROM TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM DT. 26/112018
