A.V.Aboobacker vs The Station House Officer
2021 Latest Caselaw 14883 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                       WP(C) NO. 30001 OF 2019
PETITIONERS:

    1     A.V.ABOOBACKER
          AGED 60 YEARS
          S/O BAPPU, RESIDING AT AMBALATH VEETIL, P.O.
          PORANG, PIN - 679 584,
          MALAPPURAM DISTRICT.

    2     MOHAMED HANEEFA,
          AGED 60 YEARS
          CHERODATH HOUSE, P.O,
          PORANG, PIN 679 584,
          MALAPPURAM DISTRICT.

          BY ADVS.
          K.K.MOHAMED RAVUF
          SRI.P.CHANDRASEKHAR
          SRI.D.SREEKANTH
          SHRI. ANOOP KRISHNA



RESPONDENTS:

    1     THE STATION HOUSE OFFICER,
          PERUMPADAPPA POLICE STATION, P.O.
          PERUMPADAPPA, MALAPPURAM DISTRICT - 679 587.

    2     SECRETARY,
          MARANCHERRY GRAMA PANCHAYAT, P.O.
          MARANCHERRY, PIN - 678 581,
          PONNANI TALUK, MALAPPURAM DISTRICT.

    3     KABEER,
          S/O MARAKKAR, PRESIDENT,
          AUTORIKSHAW DRIVERS UNION,
          KOLATHERY HOUSE, P.O.
          PORANG, PIN - 679 584,
          MALAPPURAM DISTRICT.
 WP(C) NO. 30001 OF 2019              2

    4          KAMARU
               S/O MOHAMMED KUTTY, SECRETARY, AUTORIKSHAW
               DRIVERS UNION, P.O. PORANG, PIN - 679 584,
               MALAPPURAM DISTRICT.

           BY ADVS.
           SRI.C.V.MANUVILSAN
           SMT.K.VIDYA
           SHRI.UNAIS K.P.
           SRI.O.A.ANJU
           SRI.N.B.SUNIL NATH, GP




        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   15.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30001 OF 2019             3


                  P.V.KUNHIKRISHNAN, J.
                    -------------------------------
                 W.P.(C).No.30001 of 2019
            ----------------------------------------------
           Dated this the 15th day of July, 2021

                           JUDGMENT

This writ petition is filed with the

following prayers:

(i) Call for the records leading to Exhibit P1 to P7 and to issue the following among other reliefs;

(a)Issue a writ of mandamus or any other writ or direction directing the 1st respondent to take immediate and effective action to remove the obstruction caused by the respondents 3 and 4 and their men by parking their vehicle in front of the shopping complex of the petitioners blocking complete entry to the public road forthwith;

(b) Issue a writ of mandamus or any other writ order or direction directing the 1st respondent to give adequate and meaningful protection to the petitioner to have the access to the public road from any corner of the petitioners shopping complex without any let or hindrance from the respondents 3 and 4 and their men by parking autorickshaws in front of the shopping complex; and

(c) Pass such further orders as this Honourable Court may be pleased to grant on the facts and circumstance of the case.

2. When this writ petition came for

admission on 19.11.2019 this Court passed an

interim order directing the 1st respondent to

take steps to remove the obstruction caused by

the respondent Nos. 3 and 4 and their men by

parking the vehicle in front of the shopping

complex of the petitioners. Today when the

matter came for consideration, the learned

counsel for the 2nd respondent Panchayat

submitted that the auto stand is already shifted

from the front of the premises of the

petitioners. The Government Pleader also

submitted that, the auto stand is already

shifted. In the light of the above submission,

this writ petition is disposed of retaining the

interim order with the following further

directions:

1. If there is any law and order issue, the petitioners are free to approach the Station House Officer

concerned.

2. If such a representation/ complaint is received, the Station House Officer will do the needful to see that there is no law and order issue in the area.

Sd/-

P.V.KUNHIKRISHNAN JUDGE LEK

APPENDIX OF WP(C) 30001/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.

5181/2009 OF THE SRO PONNANI.

EXHIBIT P2 A SKETCH SHOWING THE LOCATION OF THE SHOPPING COMPLEX.

EXHIBIT P3 PHOTOGRAPHS OF PARKING OF AUTORICKSHAWS IN FRONT OF THE SHOPPING COMPLEX OF THE PETITIONERS

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 07-03-2019 BY THE PETITIONERS.

EXHIBIT P5 TRUE COPY OF ACKNOWLEDGMENT FOR HAVING RECEIVED THE COMPLAINT.

EXHIBIT P6 TRUE COPY OF THE APPLICATION MADE UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P7 TRUE COPY OF THE REPLY DATED 14-05-2019 GIVEN BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.