Saithalavi vs The District Police Chief
2023 Latest Caselaw 8185 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                   WP(C) NO. 24032 OF 2023
PETITIONER/S:

          SAITHALAVI, AGED 58 YEARS
          S/O. MOHAMMEDKUTTY, RESIDING AT PUTHAN PEEDIKA
          HOUSE, CHELARI, P. O VELIMUKKU, TIRURANGADI
          TALUK, MALAPPURAM DISTRICT, PIN - 676317
          BY ADVS.
          ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          E.MOHAMMED SHAFI
RESPONDENT/S:
    1     THE DISTRICT POLICE CHIEF
          MALAPPURAM OFFICE OF THE DISTRICT POLICE CHIEF,
          MALAPPURAM, PIN - 676504
    2     THE STATION HOUSE OFFICER
          THIRURANGADI POLICE STATION, P.O. THIRURANGADI,
          MALAPPURAM, PIN - 676306
    3     MUHAMMED
          S/O KUNHAVA, AGED 54 RESIDING AT THIRUTHUMMAL
          HOUSE, VELIMUKKU AMSOM DESOM, TIRURANGADI TALUK,
          MALAPPURAM, PIN - 676306
          BY ADVS.
          GOVERNMENT PLEADER
          Jamsheed Hafiz
          K.K.NESNA(K/302/2014)
          T.S.SREEKUTTY(K/556/2016)
OTHER PRESENT:

          SRI. RAJEEV JYOTHISH GEORGE, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 24032 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 24032 of 2023
                         =============================================================

                       Dated this the 1st day of August, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i) Issue a Writ of Mandamus or such other writ or order directing the respondent Nos. 1 and 2 to provide adequate and appropriate police protection to the petitioner for entering into, his property, managing and enjoying the same, and against the 3rd respondent from obstructing the petitioner from removing the articles stacked in the common areas and passages by the 3rd respondent, his men or agent.

(ii) dispense with filing the translation of vernacular documents.

(iii) grant such other reliefs as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case." (sic)

2. The petitioner is the Manager of a building complex namely,

Noor building' situated at Chelari and the Power of Attorney holder of

owners of the said building. It is submitted that the said multi storied

building complex consists more than 60 rooms on different floors. Four

rooms were given on rent to the 3 rd respondent as per the license

W.P.(C). No. 24032 of 2023

agreement in 2017. Apart from the above said 4 rooms he was not given

permission to use any portion of the building complex. However, it is

submitted that, he used to stack boxes and bags of vegetables and fruits in

the passage leading to the upstairs portion of the above said building

complex. This has caused hindrance to the free movement of the

customers of the banks and other establishments in the upstair portion is

the submission. A suit was also filed earlier before the Munsiff Court

Parappanangadi by the petitioner for a mandatory injunction to remove

the articles kept on the passage and an interim order was granted in the

said case, is the submission. With the assistance of Court Amin the articles

were also removed, but soon after the Amin left, the 3rd respondent again

stacked many bags and boxes and continued his illegal act. When the

same is questioned, there is threat to the life of the petitioner. Hence, this

writ petition is filed.

3. Heard the counsel for the petitioner and the counsel

appearing for the 3rd respondent. I also heard the Government Pleader.

4. After hearing both sides, I am of the opinion that the interim

order passed by the civil court is to be executed through the civil court

W.P.(C). No. 24032 of 2023

itself. But if there is any threat to the life of the petitioner from the 3 rd

respondent, the petitioner can approach the 2nd respondent. The counsel

for the 3rd respondent submitted that the allegation of threat to the life

from the 3rd respondent is not correct. The same is recorded. But if there

is any apprehension of threat from the 3rd respondent, the petitioner can be

allowed to file a complaint before the 2nd respondent and the 2nd

respondent can be directed to do the needful to see that the life of the

petitioner is protected. But all other civil disputes are left open and the

petitioner and the 3rd respondent are free to agitate the same, before the

civil court. If there is any violation of the interim order passed by the civil

court, the petitioner is free to approach the civil court itself and get the

same executed, in accordance with law.

Therefore, this writ petition is disposed of in the following manner:

1. If there is any threat to the life of the petitioner from the 3 rd respondent, the petitioner is free to submit a compliant before the 2nd respondent and on receipt of such complaint, the 2nd respondent will do the needful to see that there is no threat to the life of the petitioner.

W.P.(C). No. 24032 of 2023

2. But I make it clear that the 2nd respondent shall not interfere in the civil dispute pending before the civil court, unless there is order from the civil court to implement the orders.

3. All other contentions of the petitioner and the 3 rd respondent are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 24032 of 2023

APPENDIX OF WP(C) 24032/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE AGREEMENT NO. 14140/2017 DATED 01.10.2017 Exhibit P2 . PHOTOGRAPHS OF STACKING VEGETABLES ON THE PASSAGE Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED 7.12.2022 IN IA 1347/2019 IN OS 142/2019 Exhibit P4 A TRUE COPY OF THE REPORT OF AMIN DATED 22.12.2022 ENDORSED ON THE ORDER IN IA 8/2022 IN IA 1347/2019 IN OS 142/2019 BEFORE THE MUNSIFF COURT, PARAPPANANGADI Exhibit P5 PHOTOGRAPHS OF SHOWING INJURY CAUSED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 21.06.2023 Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED 29.10.2022 SUBMITTED BY THE KERALA GRAMIN BANK Exhibit P8 A TRUE COPY OF THE PETITION DATED 28.6.2023 SUBMITTED BY THE PETITIONER FOR POLICE PROTECTION