M.G.Shaji vs State Of Kerala
2021 Latest Caselaw 9866 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      W.P.(C) No.3587 OF 2021(W)

PETITIONERS:
       1     M.G.SHAJI,
             AGED 64 YEARS, S/O. GOPALAN,
             POOJA ARCADE, 1ST FLOOR,
             FLAT NO.E 1, PALLIKKAVU BYLANE,
             VADUTHALA, ERNAKULAM-682 023.

      2        CHANDRIKA SHAJI,
               AGED 61 YEARS, W/O. M.G SHAJI,
               POOJA ARCADE, 1ST FLOOR,
               FLAT NO.E 1, PALLIKKAVU BYLANE,
               VADUTHALA, ERNAKULAM-682 023.

               BY ADV. SMT.TULASI PANICKER

RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA AT ERNAKULAM-682 031.

      2        SUPERINTENDENT OF POLICE,
               OFFICE OF THE SUPERINTENDENT OF POLICE,
               POWER HOUSE JUNCTION, SUB JAIL ROAD,
               PERIYAR NAGAR, ALUVA, ERNAKULAM-683 101.

      3        DEPUTY SUPERINTENDENT OF POLICE,
               OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
               ERNAKULAM-683 101.

      4        STATION HOUSE OFFICER,
               ERNAKULAM TOWN NORTH POLICE STATION,
               ERNAKULAM-682 031.

      5        MITHUN SHAJI,
               AGED 33 YEARS, S/O. SHAJI M.G ,
               POOJA ARCADE, 1ST FLOOR,
               FLAT NO.E 1, PALLIKKAVU BYLANE,
               VADUTHALA, ERNAKULAM-682 023

      R1-R4    SRI SUNIL NATH N.B., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3587 OF 2021(W)
                                  -2-


                              JUDGMENT

The petitioners, who are husband and wife, have filed this writ

petition under Article 226 of the Constitution of India, seeking a

writ of mandamus commanding respondents 2 to 4 to ensure that

they are permitted to peacefully reside in Pooja Arcade, Flat E1,

Pallikkavu Bylane, Near Vaduthala Railway Gate and discharge their

duties as Manager and Proprietrix of M/s.Chittoorappan Indane

Services, Chittoor, Ernakulam including withdrawal amount from the

common funds without hindrance from the 5 th respondent and his

men, and to afford adequate protection for their peaceful stay in

the residential house. The petitioners have also sought for a

direction commanding respondents 2 to 4 to consider Ext.P7

complaint made by the petitioners against the 5 th respondent and

his men. In the writ petition, certain allegations are made against

the 5th respondent, who is none other than the petitioners' son. The

petitioners have filed Ext.P7 complaint before the 4 th respondent

Station House Officer, seeking police protection and thereafter,

moved this writ petition seeking the aforesaid reliefs.

2. On 11.02.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 to 4. Urgent notice on admission by W.P.(C) No.3587 OF 2021(W)

special messenger was ordered to the 5 th respondent, returnable by

19.02.2021. The learned Government Pleader was directed to get

instructions. This Court granted an interim order directing the 4 th

respondent Station House Officer to ensure that there is no threat

to law and order in the locality and also peaceful residence of the

petitioners and the 5th respondent in Flat No.E1, Pooja Arcade.

3. A statement has been filed by the 4 th respondent Station

House Officer.

4. Heard the learned counsel for the petitioners and also

the learned Government Pleader appearing for the respondents.

Despite service of notice, none appears for the the 5 th respondent.

5. The learned counsel for the petitioners would submit that

the issue has now been settled between the petitioners and the 5 th

respondent, as stated in the statement filed by the 4 th respondent

Station House Officer, and therefore, this writ petition may be

closed.

Recording the above submission made by the learned counsel

for the petitioners, this writ petition is closed.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.3587 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT OF 2ND PETITIONER CHANDRIKA SHAJI AS DISTRIBUTOR OF GAS AGENCY, BY INDIAN OIL CORPORATION LTD, VIDE LETTER DATED 12.02.2003

EXHIBIT P2 TRUE COPY OF LETTER SHOWING 1ST PETITIONER IS DISCHARGING DUTIES AS MANAGER IN M/S. CHITTOOR APPAN INDANE SERVICES CHITTOOR, DATED 10.02.2021

EXHIBIT P3 TRUE COPY OF TAX RECEIPT DATED 5.02.2O21

EXHIBIT P4 TRUE COPY OF PARTNERSHIP DEED DATED 28.11.2018 ENTERED INTO BETWEEN 2ND PETITIONER AND 5TH RESPONDENT

EXHIBIT P5 TRUE COPY OF LICENCE DATED 30.07.2020 ISSUED BY SECRETARY, CHERANELLORE GRAMA PANCHAYAT TO THE 2ND PETITIONER

EXHIBIT P6 TRUE COPY OF THE INCOME TAX RETURNS DATED 02.03.2020 SUBMITTED BY 2ND PETITIONER FOR THE AGENCY

EXHIBIT P7 A TRUE COPY OF THE COMPLAINT DATED 08.02.2021 ADDRESSES TO STATION HOUSE OFFICER ERNAKULAM TOWN NORTH POLICE STATION, SUBMITTED BY 1ST PETITIONER

RESPONDENTS' EXHIBITS: NIL