Kerala High Court
Rafeeq Ahmed.K vs The State Of Kerala on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 11167 OF 2021
PETITIONER:
RAFEEQ AHMED.K
AGED 52 YEARS
S/O. ABDUL RAZAK KURCHIPALLA SHEIKH, PROPRIETOR, MARGIN FREE
SUPER MARKET, KUMBLA (P.O), KASARAGOD DISTRICT,PIN-671 323
BY ADVS.
JAWAHAR JOSE
SMT.CISSY MATHEWS
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS HOME SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE DISTRICT POLICE CHIEF,
KASARAGOD, VIDYANAGAR (P.O), KASARAGOD,PIN-671 123
3 THE CIRCLE INSPECTOR OF POLICE,
KUMBLA POLICE STATION, KUMBLA (P.O) KASARAGOD DISTRICT,PIN-
671 321
4 SIVARAM PAKALA,
PRESIDENT -IN-CHARGE, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, KRITHI JEWELRY, R.S ROAD, UPPALA
(P.O), KASARAGOD DISTRICT,PIN-671 322
5 SHEREEF,
CONVENOR, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA
UNIT, SAAD BAGS, R.S ROAD, UPPALA (P.O), KASARAGOD
DISTRICT,PIN-671 322
6 KAMALAKSHA PANJA,
GENERAL SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI,
UPPALA UNIT, SELECTION CENTRE, TRINITY COMPLEX, MAIN
JUNCTION, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322
7 SUKUMARA KOPPALA,
SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA
UNIT, KOPPALA SOUNDS, BANDIYOD JUNCTION, MANGALPADY (P.O),
KASARAGOD DISTRICT,PIN-671 324
WP(C) NO. 11167 OF 2021
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8 MOHAMMED ALI,
EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, APOLLO HARDWARE, BADIYOD JUNCTION,
MANGALPADY (P.O), KASARAGOD DISTRICT,PIN-671 324
9 U.K.ABDUL RAHIMAN
EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, U.K.GENERAL STORES, MAK FLORA
COMPLEX,UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322
10 V.P.MAHARAJA
EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, VIJAY BAKERS, AMBAR JUNCTION,
MANGALPADY (P.O), KASARAGOD DISTRICT,PIN-671 324
11 BASHEER,
EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, IDEAL BACKERY, MAIN JUNCTION, UPPALA
(P.O), KASARAGOD DISTRICT,PIN-671 322
12 UMESH SHETTY,
EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI, UPPALA UNIT, PUSHPAK COURIERS, KAIKAMBA JUNCTION,
UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322
13 ABDUL HANEEF
TREASURER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA
UNIT,RAINBOW BAKERY, BUS STAND COMPLEX,UPPALA (P.O),
KASARAGOD DISTRICT,PIN-671 322
BY SRI.E.C.BINEESH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11167 OF 2021
3
JUDGMENT
The petitioner has approached this Court seeking a direction to
respondents 1 to 3 to afford him adequate and effective protection
for carrying on his business activity in the name of "Margin Free
Market" at Kumbla, without any obstruction from respondents 4 to
13 or their men and Associates.
2. The petitioner says that respondents 4 to 13 are
conducting illegal 'Dharnas' and such other obstructive activities in
front of the shop and that this is now causing immeasurable damage
to his reputation and to the conduct of the business. The petitioner
says that he was, therefore, compelled to approach the 3 rd
respondent - Circle Inspector of Police through Ext.P4, seeking
protection; but alleges that no action was taken thereon, thus
constraining him to approach this Court through this writ petition.
3. I have heard Smt.Hiba A.K, learned counsel for the
petitioner and Sri.E.C.Bineesh, learned Government Pleader for the
respondents 1 to 3.
4. Even though notices from this Court have been validly
served on respondents 4 to 13, they have chosen not to be present in
WP(C) NO. 11167 OF 2021
person or to be represented through counsel; inferentially guiding
me to the impression that they have no objection to the grant of
reliefs in favour of the petitioner.
5. I notice that when this matter was earlier considered by
another Judge of this Court, an interim order, as prayed for, had
been issued.
6. The learned Government Pleader - Sri.E.C.Bineesh,
submitted that, consequent to the afore interim order of this Court,
Police have ensured that adequate and effective protection has been
offered to the petitioner, to continue his business activity and that no
subversive activities were noticed from the part of respondents 4 to
13 during this period. He submitted that 3rd respondent will continue
to maintain vigil over the area in question, to make sure that no one,
including respondents 4 to 13, in any manner cause threat or
obstruction to the petitioner. He then added that he has also been
instructed that the disputes between the petitioner and respondents
4 to 13 have been now settled.
7. In reply, Smt.Hiba A.K - learned counsel for the
petitioner, submitted that she has no information whether
respondents 4 to 12 have settled their alleged disputes with her
client, but she submitted that it is only on account of the interim
WP(C) NO. 11167 OF 2021
order granted by this Court that he was able to conduct his business
in the last few weeks. She, therefore, prayed that this writ petition
be allowed.
8. Since respondents 4 to 13 have chosen not to appear
before this Court and since the learned Government Pleader affirms
that there are no issues in the area in question as of now on account
of the earlier interim order of this Court, I am certain that this writ
petition deserves to be allowed, confirming it.
Resultantly, this writ petition is allowed with a direction to the
3rd respondent to ensure that the petitioner and his employees are
not subjected to threat or intimidation from any source, including
respondents 4 to 13; and that law and order is constantly maintained
in the area in question without any breach.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 11167 OF 2021
APPENDIX OF WP(C) 11167/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 28.12.2020
EXECUTED BY THE PETITIONER AND OTHERS
EXHIBIT P2 TRUE COPY OF THE INTERIM WARD DATED 28.1.2021 OF
THE DISTRICT LEGAL SERVICES AUTHORITY, KASARAGOD
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 10.2.2021 OF THE
STATE BANK OF INDIA
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 5.5.2021 TO THE
3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT EVIDENCING RECEIPT
OF EXHIBIT P4 COMPLAINT
