Kerala High Court
Abdu Rahiman vs The District Police Chief on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO.12994 OF 2022
PETITIONER :-
ABDU RAHIMAN, AGED 50 YEARS
S/O.PARAMBATHU CHEKUTTY, PARAMBATHU VEEDU,
THIRUVALOOR AMSOM DESOM, VADAKARA, KOZHIKODE.
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
K.V.SREERAJ
RESPONDENTS :-
1 THE DISTRICT POLICE CHIEF,
KOZHIKODE RURAL, VADAKARA P.O,
KOZHIKODE DISTRICT, PIN - 673 104.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
VADAKARA P.O, KOZHIKODE DISTRICT, PIN - 673 104.
3 THE STATION HOUSE OFFICER,
VADAKARA POLICE STATION, VADAKARA P.O,
KOZHIKODE DISTRICT, PIN - 673 104.
4 PANACHIKKAL MOIDU,
MAMBAYIL VEEDU, THIRUVALOOR AMSOM DESOM, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673 541.
5 HASEENA,
W/O. LATE SHAMSUDHEEN, MAMBAYIL HOUSE,
THIRUVALLOOR, VADAKARA, KOZHIKODE, PIN - 673 541.
6 KUNHAMMED MASTER,
S/O. ABDULLA PANACHIKKAL, PANICHIKKAL VEEDU,
THIRUVALOOR AMSOM DESOM, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673 541.
7 JAMMAL,
S/O. MOIDU HAJI, MADATHIL KUNIYIL VEEDU,
WP(C) NO.12994 OF 2022
-: 2 :-
THIRUVALOOR AMSOM DESOM, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673 541.
BY ADVS.
CIBI C.CHEERAN
P.M.GIRIJAVALLABHAN
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.12994 OF 2022
-: 3 :-
JUDGMENT
Dated this the 9th day of June, 2022
This writ petition is filed seeking the following reliefs :-
"(i) Issue a writ in the nature of Mandamus or any other
appropriate writ, order or direction directing the
respondents 1 to 3 to afford adequate police protection to
the petitioner and his employees for conducting the
business in shop rooms bearing No.TGP5/415, 416, 417,
418 without the interference of the respondents 4 to 7
and their men.
(ii) Issue a writ in the nature of Mandamus or any other
appropriate writ, order or direction directing the
respondents 1 to 3 to prohibit all such gatherings in the
vicinity of the petitioner's shop room at the instance of
respondents 4 to 7."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader as well as the learned counsel
appearing for respondents 4 to 7.
3. Having considered the contentions advanced, I am of the
opinion that in the light of Ext.P2 judgment, the petitioner is
entitled to police protection as sought for.
There will, accordingly, be a direction that in case the
petitioner faces any threat or obstruction for the conduct of his
business in the shop rooms mentioned in the writ petition from
respondents 4 to 7 or anybody claiming through them, the
WP(C) NO.12994 OF 2022
petitioner may approach the 3rd respondent, who shall afford
adequate protection to the life of the petitioner, his employees and
for the conduct of the business in the premises.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/9.6.2022
WP(C) NO.12994 OF 2022
APPENDIX OF WP(C) 12994/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LEGAL NOTICE ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 28.12.2021.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 10.12.2021 IN
W.P.C NO. 27894 OF 2021 PASSED B Y THIS HON'BLE
COURT.
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED TO THE 5TH AND
6TH RESPONDENTS BY THE PETITIONER DATED
24.02.2022.
Exhibit P4 TRUE COPY OF THE RECEIPT OF NOTICE OF THE 5TH
RESPONDENT.
Exhibit P5 TRUE COPY OF THE RECEIPT OF NOTICE OF THE 6TH
RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 5TH
RESPONDENT THROUGH HIS COUNSEL TO THE PETITIONER
DATED 09.03.2022.
Exhibit P7 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 6TH
RESPONDENT THROUGH THIS COUNSEL TO THE
PETITIONER DATED 09.03.2022.
Exhibit P8 TRUE COPY OF THE F.I.R IN CRIME NO. 1363/2021 OF
BADAGARA POLICE STATION DATED 31.12.2021.
Exhibit P9 TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED
20.03.2022 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
