Kerala High Court
Jomon Jose vs The Deputy Superintendent Of ... 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. 5024 OF 2020
PETITIONER/S:
1 JOMON JOSE
AGED 43 YEARS
S/O JOSE,KANJIRAKKAT HOUSE,MUDAVOOR,
VELLOORKUNNAM,MUVATTUPUZHA-686661.
2 JAYAKUMAR,
AGED 51 YEARS
S/O CHANDRASEKHARAN NAIR,PALAKKUDY PUTHENPURACKAL
HOUSE,INJOORKKARA ,VARAPETTY VILLAGE,KOTHAMANGALAM.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
1 THE DEPUTY SUPERINTENDENT OF POLICE
PUZHAKARAKAVU RD,THOTTUMKALPEEDIKA,
MUVATTUPUZHA-686661.
2 THE CIRCLE INSPECTOR OF POLICE,
MUVATTUPUZHA POLICE STATION,
PUZHAKARAKAVU D,THOTTUMPKALPEEDIKA,
MUVATTUPUZHA-686661.
3 THE CIRCLE INSPECTOR OF POLICE,
NORTH POLICE STATION,MELAMURI,
PALAKKAD-679307.
4 S.S.HASSAN,
S/O SAINUDHEEN,SRAMBICKAL HOUSE,
PEZHAKKAPILLYMULAVOOR VILLAGE,
MUVATTUPUZHA-686675.
5 NASEER YOUSAF,
PADINJAREVEETTIL,PEZHAKKAPILLY,
MULAVOOR VILLAGE,MUVATTUPUZHA-686661.
WP(C) NO. 5024 OF 2020
2
6 ISMAIL,
MAKKANATT HOUSE,PERUMATTAM,
PUTHUPPADY.P.O,MUVATTUPUZHA-686661.
BY ADVS.
SRI.MANU TOM
SRI.BALU TOM
SRI.K.R.JITHIN
SHRI.BALAMURALI K.P.
OTHER PRESENT:
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. 5024 OF 2020
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 5024 OF 2020
===================
Dated this the 22nd day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
"i. Issue a writ of Mandamus or other
appropriate writs, directions or orders directing
the respondents 1 to 3 to provide adequate and
effective police protection to the life and
properties of the petitioners and also for the
smooth functioning of their business
establishments namely Palakkad Used Vehicle
without being interfered by the respondents 4 to
6 and their supporters;
ii. Declare that the respondents4 to 6
have no right to threat the petitioners for
settlement of the amount covered in Exhibit P-2
agreement and the respondents 1 to 3 are
bound to give police protection to the petitioners
against the threat of the respondents 4 to 6;
iii. Render such other orders as are
deemed fit and proper in the circumstances of
the case."
2. When this writ petition came up for consideration
on 20.02.2020 this court passed an order, which is extracted
WP(C) NO. 5024 OF 2020
hereunder;
" urgent notice by special messenger to
respondents 4 to 6. police shall accord
necessary protection to the petitioners for
operating business establishments namely
Palakkad used vehicles as against any
obstructions being caused by the party
respondents. Police shall also accord necessary
protections if there is any threat to the life of the
petitioners."
3. Subsequently, this matter was referred for
mediation. The matter is not settled in the mediation. Today
this matter came up for final hearing.
4. Heard the learned counsel for the petitioners,
learned Government Pleader and the learned contesting
respondents.
5. The learned counsel for the petitioners reiterated
their contentions in the writ petition and submitted that, the
interim order may be retained and the writ petition may be
disposed.
6. The contesting respondents have got very serious
objections for the same. The learned counsel for the
contesting respondents submitted that, huge amount is due to
WP(C) NO. 5024 OF 2020
the contesting respondents and the petitioner is trying to
evade the repayment of the amount based on the interim
order passed by this Court. The learned counsel submitted
that, criminal proceedings are already initiated against the
petitioners. The learned counsel submitted that, actually the
apprehension of danger is to the contesting respondents.
7. The learned Government Pleader submitted that,
there is no law and order issue at present and if there is any
law and order issue, the police will do the needful.
8. After hearing both sides, I think, this writ petition
can be disposed retaining the interim order. But I make it
clear that, all the contentions of the contesting respondents
and the petitioners are left open. The contesting respondents
are free to raise all their contentions before the court
concerned.
Therefore, this writ petition is disposed retaining the
interim order with following further directions;
1) If there is any danger to the life of the petitioners,
the petitioners are free to approach the Station House Officer
WP(C) NO. 5024 OF 2020
concerned with a representation.
2) If such a representation is received from the
petitioners, the Station House Officer concerned will do the
needful, in the light of the interim order passed by this Court
on 20.02.2020.
3) All other contentions of the petitioners and the
contesting respondents are left open. The contesting
respondents and the petitioners are free to agitate their case
before the court concerned.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 5024 OF 2020
APPENDIX OF WP(C) 5024/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DATED
4.08.2018
EXHIBIT P2 TRUE COPY OF THE AGREEMENT SIGNED BY
THE PETITIONERS DATED 15.10.2018.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED
BYT THE PETITIONERS BEFORE THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE COMPLAINT DATED
06.02.2020 BEFORE THE DEPUTY
SUPERINTENDENT OF POLICE,
MUVATTUPUZHA.
EXHIBIT R4(B) TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT OF THE COMPLAINT RECEIVED
DATED 07.02.2020.
EXHIBIT R4(C ) TRUE COPY OF THE PLAINT IN THE SUIT
(O.S.209/2020) FILED BY THE
PETITIONERS.
// True Copy // PA To Judge
