Hidayathullah vs State Police Chief
2021 Latest Caselaw 13426 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
             MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                               WP(C) NO. 32766 OF 2019
PETITIONER:

                  HIDAYATHULLAH
                  AGED 52 YEARS
                  S/O.P.H.SHAHUL HAMEED, PUTHUPARAMBIL HOUSE,
                  NADAKKAL.P.O., ERATTUPETTA, KOTTAYAM DISTRICT-691578.

                  BY ADVS.
                  MANSOOR.B.H.
                  SMT.JANET JOB


RESPONDENTS:

       1          STATE POLICE CHIEF,
                  POLICE HEAD QUARTERS,
                  THIRUVANANTHAPURAM-695001.

       2          DISTRICT POLICE CHIEF,
                  DISTRICT POLICE OFFICE,
                  KOTTAYAM-686002.

       3          THE STATION HOUSE OFFICER,
                  ERATTUPETTA POLICE STATION,
                  KOTTAYAM DISTRICT-686002.

       4          ERATTUPETTA MUNICIPALITY,
                  MUNICIPAL OFFICE, ERATTUPETTA-686002,
                  REPRESENTED BY ITS SECRETARY.

                  BY ADV SRI.V.K.MOHAMMED YOUSUF,SC,ERATTUPETTA


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


THIS       WRIT    PETITION    (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 32766 OF 2019
                                   2




               P.V.KUNHIKRISHNAN, J.
            ===================
              WP(C) No.32766 OF 2019
            ===================
         Dated this the 28th day of June 2021


                         JUDGMENT

The above writ petition is filed with following

prayers;

"1. To issue a writ of mandamus commanding the third respondent to provide adequate and efficient police protection to the smooth functioning M/s Remedis Pharmacy, Pazhayaparambil Arcade, Central Junction, Erattupetta without any obstruction being caused due to the unauthorized parking of auto rickshaws in front of his shop room.

2. To issue a writ of mandamus commanding the third respondent to take action on Ext.P2 and to remove the auto rickshaws parking in front of M/s Remedia Medicals, Pazhayaparambil Arcade, Central Junction, Erattupetta."

2. When this matter came up for consideration on

03.12.2019 this Court passed the following orders, which is

extracted hereunder;

"Admit.

Government Pleader takes notice for respondents 1 to 3.

WP(C) No. 32766 OF 2019

Issue notice by speed post to the fourth respondent. The third respondent shall ensure that autorickshaws are not parked in front of the shop of the petitioner referred to in the writ petition."

3. The learned counsel for the petitioner submitted

that, now there is no issue and if there is any such issue the

petitioner may be allowed to approach the Station House

Officer concerned and the SHO may be directed to do the

needful. The learned counsel also submitted that, the

interim order may be retained.

4. The learned Government Pleader submitted that,

there is no law and order issue now and the petitioner is

free to approach the Station House Officer concerned

whenever it is necessary.

5. In the light of the above submission, I think, this

writ petition can be disposed after retaining the interim

order with the following directions.

1) If there is any law and order issue regarding the

parking of the vehicle in front of the petitioner's shop, the

petitioner is free to approach the Station House Officer WP(C) No. 32766 OF 2019

concerned.

2) If such a representation/complaint is received the

Station House Officer concerned will do the needful in

accordance to law in the light of the interim order passed.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) No. 32766 OF 2019

APPENDIX OF WP(C) 32766/2019

PETITIONER ANNEXURE

EXHIBIT P1 PHOTOGRAPH SHOWING THE ILLEGAL PARKING OF AUTO RICKSHAWS INFRONT OF PETITIONER'S SHOP.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 23.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

                      // True Copy      //

                          PA to Judge