Kerala High Court
M/S.Neo Sinmar Developers Pvt. ... vs M/S.Neo Sinmar Developers Pvt. ... on 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WA.No.1487 OF 2020
AGAINST THE JUDGMENT DATED 16.10.2020 IN WP(C) 17477/2020(H)
OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 5 AND 6:
1 M/S.NEO SINMAR DEVELOPERS PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR
MR.NOBLE NJALIYATH, 56/98, 10B CROSS ROAD,
PANAMPILLY NAGAR, KOCHI- 682 036.
2 NOBLE NJALIYATH
MANAGER DIRECTOR, NEO SINMAR DEVELOPERS
PVT.LTD., 56/98, 10B CROSS ROAD, PANAMPILLY
NAGAR,
KOCHI - 682 036.
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SMT.SHRUTHI SARA JACOB
W.A.No.1487 of 2020 2
RESPONDENTS:
1 JEWEL HOMES PVT. LTD.,
CASAGRANTE BUILDING, OPPOSITE TVS SHOWROOM,
DESHABHIMANI, KOCHI- 682 017,
REPRESENTED BY ITS MANAGING DIRECTOR
MR.JIHAS P.A., AGED 51, S/O.P.K.ABDUL RAHMAN,
JEWEL NEST, EROOR VASUDEVA ROAD, VASANTH NAGAR,
PALARIVATTOM, KOCHI- 682 025.
2 MR.JIHAS .P.A.,AGED 51 YEARS
S/O. P.K.ABDUL RAHMAN,
THE MANAGING DIRECTOR, JEWEL HOMES PVT LTD.,
EROOR VASUDEVA ROAD, VASANTH NAGAR,
PALARIVATTOM, KOCHI-682 025.
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF,
ERNAKULAM 682 011.
4 THE ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKKARA, ERNAKULAM 682 021.
5 INSPECTOR OF POLICE
OFFICE OF THE INSPECTOR OF POLICE,
KALAMASSERRY, ERNAKULAM 682 022.
6 SUB INSPECTOR OF POLICE, KALAMASSERRY POLICE
STATION, ERNAKULAM 682 033.
R1-2 BY ADV. SRI.K.R.VINOD
R1-2 BY ADV.SRI.JIBU T S
R1-2 BY ADV. SMT.M.S.LETHA
R1-2 BY ADV. KUM.K.S.SREEREKHA
R1-2 BY ADV. SRI.NABIL KHADER
R1-2 BY ADV. SRI.ASOK M.CHERIAN
R3-6 BY G.P.SRI.RENIL ANTO KANDAMKULATHI(SR)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.1487 of 2020 3
JUDGMENT
Ravikumar, J.
This appeal is filed against the judgment in W.P.
(C)No.17477/2020. Respondents 5 and 6 in the writ petition are the
appellants. The said writ petition was filed by respondents 1 and 2 in
this appeal seeking issuance of a writ of mandamus commanding
respondents 1 to 4 to provide adequate and necessary police protection
to them and their employees for completing the construction of an
apartment building complex namely; 'Jewel Pristine Greens', in the
landed property owned by the 2nd petitioner, without being threatened
or obstructed by the 6th respondent and his goondas. After considering
the rival contentions the learned Single Judge disposed of the writ
petition on the following lines:-
"Having considered the submission made by the
learned counsel on both sides, this Court finds that
there are certain disputes between the petitioners and
the 5th respondent, in connection with construction of
an apartment complex in the property in question. In
case of any threat or obstruction from the side of the
6th respondent Inspector of Police, Kalamassery Police
Station, with a request for police protection for
completing the construction of the building in question,
in which event, the said respondent shall do the
needful, taking note of the law laid down in the
decisions referred to supra."
It is feeling aggrieved by the said direction that the captioned appeal
has been filed under Section 5 of the High Court Act by respondents 5
and 6 therein.
2. When this matter is taken up for consideration
Adv.Sri.Jibu.T.S., representing the learned counsel for respondents 1
and 2 herein viz., the writ petitioners, submitted that the appeal can be
allowed in view of the subsequent developments. Submissions would
reveal the absence of intention on the part of the said respondents viz.,
the writ petitioners to cause construction with police protection.
In the light of the aforesaid submission made on behalf of
the contesting respondents viz., the writ petitioners we do not think it
necessary to delve into the contentions in the appeal any further.
Hence, recording the said submission the writ appeal is allowed.
Consequently, W.P.(C)No.17477 of 2020 stands dismissed.
Sd/-
C.T.RAVIKUMAR
Judge
Sd/-
MURALI PURUSHOTHAMAN
Judge
TKS
