Kerala High Court
Haneefa C.P vs The District Police Chief on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 6877 OF 2020
PETITIONER/S:
HANEEFA C.P
AGED 48 YEARS
S/O. HASSAINAR HAJI, CHEEMABALI HOUSE, TANUR,
MALAPPURAM-676302.
BY ADVS.
I.DINESH MENON
SRI.L.RAJESH NARAYAN
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF
MALAPPURAM COLLECTORATE P.O., UPHIL
MALAPPURAM-676 505.
2 THE DEPUTY SUPERINTENDENT OF POLICE
TIRUR P.O., TIRUR-676 306.
3 THE CIRCLE INSPECTOR OF POLICE
TANUR, TANUR P.O. 676 302.
4 THE SUB INSPECTOR OF POLICE
TANUR, TANUR P.O. 676 302.
5 AJMAL K.V.
S/O. K.V.ABDURAHIMAN, PANAYULLAKANDY HOSUE, IRINGATH
P.O., KOCHIKODE-673 523.
BY ADVS.
SRI.T.SETHUMADHAVAN (SR.)
SMT.PREETHI. P.V.
SRI.M.V.BALAGOPAL
OTHER PRESENT:
WP(C) NO. 6877 OF 2020
2
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6877 OF 2020
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 6877 OF 2020
===================
Dated this the 22nd day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
" i. Issue a writ in the nature of
mandamus or any such other writ, direction or
orders, directing respondents 1 to 4 to afford
adequate and effective police protection to the
life of the petitioner as well as running of his
Petrol Pump from the 5th respondent and his
henchmen;
ii. Issue any such other writ, direction or
orders, which this Hon'ble Court may deem fit
and proper considering the facts and
circumstances of the case."
2. When this writ petition came up for
consideration on 25.06.2020 this court passed an order,
which is extracted hereunder;
"The dispute between the petitioner and the
WP(C) NO. 6877 OF 2020
5th respondent based on Ext.P2 agreement had
led to the filing of this writ petition for police
protection.
2. Learned counsel for the petitioner
would submit that the petitioner is prepared to
return the money received from the 5th
respondent and he will clear the liability in six
instalments.
3. Learned senior counsel appearing for
the 5th respondent submits that the petitioner. in
the guise of police protection, is attempting to
wriggle out his liability from repayment of the
amount. Petitioner is enjoying the benefit of the
interim order passed by this Court for police
protection.
4. Taking note of the submission made by
the learned counsel, petitioner shall prove his
bonafides by paying Rs.5,00,000/- (five lakhs) as
first instalment on or before 15.07.2020 Post this
matter on 17.07.2010. The interim order will
continue till then.
3. Thereafter, when matter came up for consideration
on 08.12.2020, this Court again passed an order, which is
WP(C) NO. 6877 OF 2020
extracted hereunder;
" It is submitted by the counsel appearing
for the petitioner that he has already paid a sum
of Rs.7 lakhs and prays that he be permitted to
make an additional payment of a sum of Rs.2
lakhs. The learned out appearing for the
respondent submits that no further indulgence be
granted as the total amount outstanding is Rs.19
lakhs out of which what has been paid is just Rs.7
lakhs. Having regard to the submissions, the
interim order will stand extended for a further
period of thirty days on condition that the
petitioner remits an amount of Rs.2 lakhs within a
period of one week from today."
4. Today when the matter came up for consideration,
the learned counsel for the petitioner undertakes that, the
balance amount due to the 5th respondent will be paid in three
equal monthly installment. The learned counsel submitted
that, the interim order in the writ petition may be retained.
The contesting respondent oppose the same. The learned
counsel for the contesting respondent submitted that, the
petitioner is dragging the matter unnecessarily and under the
guise of the interim order trying to avoid payment.
WP(C) NO. 6877 OF 2020
5. The learned Government Pleader submitted that, if
there is any threat to the life of the petitioner or the
contesting respondent, the police will do the needful.
6. In the light of the above submission, I think, this
writ petition can be disposed recording the undertaking of the
petitioner that he will pay the balance amount in three equal
monthly installment. If the amount is not paid the contesting
respondent is free to file a contempt proceedings before this
Court. Therefore, this writ petition disposed in the following
manner.
1. The undertaking of the petitioner that the balance
amount due to the contesting respondent will be paid in three
equal monthly installment starting from 15.08.2021 is
recorded.
2. If there is any threat to the life of the petitioner from
the contesting respondent, the petitioner is free to approach
the SHO concerned with a representation.
3. If such a representation is received from the
WP(C) NO. 6877 OF 2020
petitioner, the Station House Officer concerned will do the
needful to protect the life of the petitioner.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 6877 OF 2020
APPENDIX OF WP(C) 6877/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEALERSHIP AGREEMENT
DATED NIL.
EXHIBIT P2 TRUE COPY OF THE DRAFT AGREEMENT DATED
NIL.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT PREFERRED BY
THE PETITIONER DATED 2.3.2020.
EXHIBIT P4 TRUE COPY OF THE DEMAND DRAFT DATED
14/7/2020
EXHIBIT P5 TRUE COPY OF THE DEMAND DRAFT DATED
14/8/2020
EXHIBIT P6 TRUE COPY OF THE DEMAND DRAFT DATED
21/10/2020
EXHIBIT P7 TRUE COPY OF THE DEMAND DRAFT DATED
27/11/2020
EXHIBIT P9 TRUE COPY OF THE DEMAND DRAFT DATED
23/2/2021
EXHIBIT P10 TRUE COPY OF THE DEMAND DRAFT DATED
25/06/2021
// True Copy // PA To Judge
