A.H.Rafeeq vs The Circle Inspector Of Police, ...
2021 Latest Caselaw 15183 Ker

WP(C) NO. 27567 OF 2019                1



                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943

                             WP(C) NO. 27567 OF 2019

PETITIONER/S:

               A.H.RAFEEQ
               AGED 51 YEARS
               S/O.HAMSA, DOOR NO.7/336, KOCHANGADI, KOCHI-2

              BY ADVS.
              K.G.SARATHKUMAR
              SRI.S.RAJKUMAR
              SRI.A.C.KURIAKOSE


RESPONDENT/S:

      1        THE CIRCLE INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION
               THOPPUMPADY POLICE STATION, KOCHI-5

      2        ASSISTANT COMMISSIONER OF POLICE
               MATTANCHERY, KOCHI-2

      3        C.M.SHAMNAD,
               AGED 45 YEARS
               S/O.MUHAMMADALI, POLAKANDAM MARKET, KARUVELIPADI, KOCHI-5,
               RESIDING AT DOOR NO.2/845, THURUTHY, KOCHI-1

      4        ADDL.R4.CORPORATION OF KOCHI
               KOCHI-11
               REPRRESENTED BY ITS SECRETARY

               ADDL.R4 IMPLEADED AS PER ORDER DATED 24.10.19 IN IA 1/19 IN
               W.P.(C) 27567/19.

              BY ADVS.
              SRI.ASHIK K.MOHAMMED ALI
              SRI.V.E.ABDUL GAFOOR,SC,COCHIN CORPORAT
              SMT.LEKSHMI S.SEKHER


OTHER PRESENT:
            SRI.N.B.SUNIL NATH, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27567 OF 2019              2


                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.27567 of 2019
                     --------------------------------------
                 Dated this the 20th day of July, 2021



                                JUDGMENT

The above writ petition is filed with the following

prayers :

"I. To issue a writ of mandamus or appropriate writ or direction or order directing the 1st and 2nd respondent to afford necessary Police protection to the life and property of petitioner and his business of sale of mutton and beef in stall Nos. 16/179 and 16/180 at Polakkandam Market, Karuvelipadi, Kochi -5 owned by Cochin Corporation. II. Grant such other appropriate writ order or direction that this Hon'ble Court may deem fit and proper to meet the ends of justice.

III. Allow this Writ Petition with cost."

2. When this writ petition came up for consideration

on 29.10.2019, this Court passed the following order.

"Government Pleader, on instructions, submitted that the petitioner is holding a valid licence to conduct the meat stall referred to in the writ petition.

In the circumstances, there will be an interim order as prayed for.

Hand over."

3. Today, when the matter came up for final hearing,

the counsel for the petitioner submitted that the petitioner is

having valid license and permit from all statutory authorities

for conducting the meat stall. The Government Pleader

submitted that there is no law and order issue, at present. If

there is any law and order issue, the petitioner is free to

approach the Station House Officer concerned. The Standing

Counsel for the Corporation submitted that he has no

instruction about the renewal of the license and permit issued

to the petitioner. In the light of the submission by the

petitioner that there is permit and license to him from all the

statutory authorities, I think this writ petition can be disposed

of, retaining the interim order.

Therefore, this writ petition is disposed, retaining the

interim order, with following further directions.

1) If there is any law and order issue in connection with the functioning of the meat stall of the petitioner, the petitioner is free to approach the Station House Officer concerned with a representation.

2) If such a representation along with all permit and license from all statutory authorities for conducting the meat stall is received by the Station House Officer, the Station House Officer will do the needful, in the light of the interim order dated 29.10.2019.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 27567/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 10.10.2019 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 10.10.2019 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY RESPONDENTS 1

EXHIBIT P4 TRUE COPY OF ACKNOWLEDGMENT RECEIPTS ISSUED BY RESPONDENTS 2

EXHIBIT P5 TRUE COPY OF RECEIPT NO.14421 DATED 19.5.2018 ISSUED BY CORPORATION OF KOCHI TOWARDS THE LICENSE FEE FOR THE YEAR 2018-19

EXHIBIT P6 TRUE COPY RECEIPT NO.44602 DATED 20.03.2019 ISSUED BY CORPORATION OF KOCHI TO PETITIONER FOR BEEF STALL FOR THE YEAR 2019-20

EXHIBIT P7 TRUE COPY RECEIPT NO.44603 DATED 20.03.2019 ISSUED BY CORPORATION OF KOCHI TO PETITIONER FOR MUTTON STALL FOR THE YEAR 2019-20

EXHIBIT P8 TRUE COPY OF LETTER DATED 24.09.2019 ISSUED BY P.S.PRAKASAN, THE COCHIN CORPORATON COUNCILOR

RESPONDENT EXHIBITS

EXHIBIT R3(a): TRUE COPY OF THE LETTER DATED 22/10/2019 ISSUED BY THE REVENUE OFFICER OF THE COCHIN CORPORATION.

EXHIBIT R3(b): TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.