C.T.Mohanan vs Superintendent Of Police (Rural)
2021 Latest Caselaw 15389 Ker

             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. 28638 OF 2019
PETITIONER:

            C.T.MOHANAN,
            AGED 59 YEARS
            CHERIYA THEKKE VEETTIL, PRESENTLY RESIDING AT
            NAGATHTHAZHA HOUSE, P.O.MUYIPPOTH, (VIA)
            MEPPAYOOR, KOZHIKODE DISTRICT.
            BY ADVS.
            C.VATHSALAN
            SRI.GHOSH YOHANNAN
            SRI.K.RAKESH ROSHAN
            SMT.THUSHARA.V

RESPONDENTS:

       1    SUPERINTENDENT OF POLICE (RURAL)
            KOZHIKODE DISTRICT, POST-PUTHUPANAM, VATAKARA,
            KOZHIKODE DISTRICT, PIN-673105.
       2    CIRCLE INSPECTOR OF POLICE,
            MEPPAYYOOR POLICE STATION, POST-MEPPAYOOR, (VIA)
            VATAKARA, KOZHIKODE DISTRICT-673524.
       3    TALUK SUPPLY OFFICER,
            KOYILANDY, POST-KOYILANDY, KOZHIKODE DISTRICT-
            673306.
       4    PRAKASAN A.K.,
            AZHAKATH KANDI MEETHAL HOUSE, POST-MUYIPPOTH,
            (VIA) MEPPAYOOR, PIN-673524.
            BY ADVS.
            SMT.O.M.SHALINA
            SRI.T.V.VINU
            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:
 W.P.(C).No.28638/2019

                                     2




                      P.V.KUNHIKRISHNAN, J.
                        -------------------------------
                      W.P.(C).No.28638 of 2019
                ----------------------------------------------
               Dated this the 22nd day of July, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus directing the 1 st and 2nd respondents to give adequate police protection for the smooth conduct of the ration shop with A R D No.81 situated at Muyippoth in Cheruvannur Panchayath belonging to the petitioner.

ii. Direct the 2nd respondent to take suitable actions so as to desist the 4th respondent and his men from interfering against the activities of the ration shop with A R D No.81 at Muyippoth in Cheruvannur Panchayath.

iii. Issue such other writ or direction which this Hon'ble Court may deem fit to pass in the circumstances of the case.

2. When this writ petition came up for consideration

on 04.11.2019, this Court passed the following order:

"Heard the learned counsel for the petitioner, learned Government Pleader as also the learned W.P.(C).No.28638/2019

counsel for the fourth respondent. Having regard to the facts and circumstances and the submissions made by the learned counsel for the parties on either side, I deem fit appropriate to pass an interim order as prayed for. Ordered accordingly."

3. The case of the petitioner is that he is the licencee

of ARD No.81 at Muyippoth in Cheruvannoor Panchayat. The

4th respondent was an employee of the shop. Due to some

mischief committed by him, he was suspended from the shop.

Thereafter the 4th respondent is creating trouble and the

smooth functioning of the ration shop is obstructed. In such

circumstances, this writ petition was filed.

4. Heard the counsel for the petitioner, Government

Pleader and the counsel for the 4th respondent.

5. The counsel for the petitioner reiterated his

contention in this writ petition. The counsel submitted that

even now, there is obstruction from the 4 th respondent and

therefore, the interim order may be retained. The counsel for

the 4th respondent submitted that the allegations in the writ

petition are absolutely wrong. A labour dispute is pending

between the petitioner and the 4th respondent. The matter is

pending before the labour court. The Government Pleader W.P.(C).No.28638/2019

submitted that there is no law and order issue and the Police

will interfere if there is any law and order issue.

In the light of the above submission, this writ petition

can be disposed, retaining the interim order dated 04.11.2019,

with following further directions:

1. If there is any law and order issue, the

petitioner is 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

for the smooth functioning of the ration shop.

3. All contentions of the 4th respondent regarding

the labour issue are left open and he can

agitate the same before the appropriate court

in accordance to law.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.28638/2019

APPENDIX OF WP(C) 28638/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENSE OF THE PETITIONER AS TO THE RATION SHOP NO.A R D NO.81.

EXHIBIT P2 TRUE COPY OF THE SUSPENSION NOTICE DATED 15.10.2019 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 21.10.2019 BY THE PETITIONER TO THE 2ND RESPONDENT.