Priya P vs The Superintendent Of Police Palakkad
2025 Latest Caselaw 1503 Ker

Kerala High Court

Priya P vs The Superintendent Of Police Palakkad on 23 July, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2025:KER:54798

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

  WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947

                    WP(C) NO. 30136 OF 2024

PETITIONER:

         PRIYA P.,
         AGED 44 YEARS,
         W/O. CHENTHAMARAKSHAN, MANAGING
         PARTNER/PROPRIETRIX, GEE CEE BHARAT GAS,
         KIZHAKKANCHERRY, PALAKKAD- 678 654,
         RESIDING AT POOMANAKAL, PANNIYANKARA POST.,
         PALAKKAD DISTRICT, PIN - 678683

         BY ADVS.
         SHRI.M.SASINDRAN
         SHRI.SREEHARI INDUKALADHARAN



RESPONDENTS:

    1    THE SUPERINTENDENT OF POLICE PALAKKAD
         YAKKARA ROAD, NEAR KSRTC BUS STAND,
         PALAKKAD, KERALA, PIN - 678014

    2    THE DEPUTY SUPERINTENDENT OF POLICE,
         ALATHUR
         POLICE STATION ROAD, NEAR DYSP OFFICE,
         ALATHUR, KERALA, PIN - 678541

    3    THE CIRCLE INSPECTOR OF POLICE,
         VADAKKANCHERRY
         MAIN ROAD, MANDHAM,
         VADAKKENCHERRY,
         KERALA,
         PIN - 678683
                                              2025:KER:54191
W.P.(C) No.30136/2024
                           :2:


    4     THE SUB INSPECTOR OF POLICE,
          MANGALAM DAM POLICE STATION
          THRICKODITHANAM, MANGALAM DAM,
          KERALA, PIN - 678706

    5     S. GURUVAYURAPPAN,
          AGED 49 YEARS,
          S/O. SETHU, MANIKKAPPADAM HOUSE,
          NEAR PADARKKAVU TEMPLE,
          VADAKKANCHERRY POST, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678683

    6     SUNITHA P.,
          AGED 41 YEARS,
          W/O.GURUVAYURAPPAN MANIKKAPPADAM HOUSE,
          PADARKAVU TEMPLE VADAKKENCHERRY P.O.,
          VADAKKENCHERRY 1 VILLAGE ALATHUR TALUK,
          PALAKKAD, PIN - 678683

          BY ADVS.
          SMT.CHITRA JOHNSON
          SHRI.PRABHU K.N.
          SHRI.ATHUL SOMAN THEKKEDATH
          SHRI.K.PANKAJAKSHAN
          SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.07.2025, THE COURT ON 23.07.2025 DELIVERED
THE FOLLOWING:
                                                              2025:KER:54191
W.P.(C) No.30136/2024
                                     :3:



                          N. NAGARESH, J.

         `````````````````````````````````````````````````````````````
                     W.P.(C) No.30136 of 2024

         `````````````````````````````````````````````````````````````
               Dated this the 23rd day of July, 2025


                           JUDGMENT

~~~~~~~~~

The petitioner is the Proprietrix of GC

Bharat Gas, Kizhakkanchery. The Bharat Petroleum

Corporation Limited has issued Ext.P1 Letter of Intent in the

name of the petitioner. Ext.P2 agreement was entered into

with the BPCL by the petitioner along with spouse Sri.

Chenthamarakshan. Ext.P3 Lease Deed for the office was

executed by the petitioner. Ext.P4 Lease Deed in respect of

the godown was also executed by the petitioner.

2. The Panchayat has granted Exts.P5 and P6

licences to the petitioner. The Petroleum and Explosives 2025:KER:54191

Safety Organisation has also recognised the petitioner as

licensee. The petitioner entered into Ext.P8 partnership

agreement with the petitioner's husband.

3. On 05.08.2019, the petitioner and her

husband executed a Deed of Admission and Reconstitution

of the partnership as per Ext.P9. By Ext.P10, agreement,

the petitioner and her husband agreed to relieve themselves

from the partnership on receiving certain consideration

within a stipulated time.

4. The petitioner states that the 5th respondent

used to assist the petitioner in the matter of conducting

distributorship. The 6th respondent also involved in the

business. As the activities of the 6th respondent became

detrimental to the interest of the business, the petitioner

required the 6th respondent not to indulge in business affairs.

The 6th respondent executed a Deed with the petitioner

misrepresenting certain facts.

2025:KER:54191

5. The 5th respondent, who is the wife of the

6th respondent, preferred an Arbitration Request and Ext.P11

order was passed by this Court in AR No.51/2022 appointing

an Arbitrator. The petitioner states that arbitration

proceedings were initiated suppressing the agreement

between the petitioner and the 5th respondent. The

Arbitrator has passed Ext.P12 order of status quo on

11.04.2023. Thereafter, respondents 5 and 6 attempted to

trespass and cause nuisance to the business.

6. The petitioner lodged Ext.P13 FIR. In the

month of July, 2024, the 5th respondent and his henchmen

obstructed the functioning of the shop and hence Ext.P16

complaint was filed. The police has not acted on Ext.P16

complaint. Hence, the petitioner has filed this writ petition

seeking to direct respondents 1 to 4 to grant police

protection to the petitioner for conducting the LPG

distribution centre.

2025:KER:54191

7. The 6th respondent entered apppearance

through counsel and resisted the writ petition. The 6th

respondent submitted that the petitioner, her husband, the

5th respondent and the 6th respondent are Partners of the

LPG distribution business. When disputes arose, the 6th

respondent has initiated arbitration proceedings which are

still pending. The Arbitrator has passed Ext.P12 order of

status quo. The petitioner has also filed a suit in the civil

court which is suppressed. The writ petition is liable to be

dismissed for suppression of material facts.

8. I have heard the learned counsel for the

petitioner, respective counsel appearing for respondents 5

and 6 and the learned Government Pleader representing

respondents 1 to 3.

9. The petitioner is running an LPG

distribution centre of the BPCL. The petitioner would submit

that though there was an agreement to induct respondents 5 2025:KER:54191

and 6 as Partners on payment of certain amounts, since the

full amount was not paid, respondents 5 and 6 have not

become Partners. Yet, they are interfering in the business

and obstructing the functioning of the LPG distribution

centre.

10. It is not disputed that arbitration

proceedings are pending. The Arbitrator was appointed by

this Court as per order in AR No.51/2022. He Arbitrator has

passed an order of status quo as per Ext.P12 order dated

11.04.2023. The status quo order is to be continued till the

final order in AOP No.1/2023 is passed. The petitioner has

also approached the civil court filing OS.

11. If the petitioner is aggrieved by the order of

status quo passed by the Arbitrator, the petitioner has

alternate remedy to redress her grievances. As the issues

involved in the matter are purely of a civil nature in respect of

which civil and arbitration proceedings are pending, it would 2025:KER:54191

not be appropriate for this Court to grant a police protection

order.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH, JUDGE aks/21.07.2025 2025:KER:54191

APPENDIX OF WP(C) 30136/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE LETTER OF INTENT NO.C:LPG:LOA: KIZHAKKANCHERY DATED 23-

11-2018 ISSUED BY THE BHARATH PETROLEUM CORPORATION LTD., IN THE NAME OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE PARTNERSHIP DEED DATED 24-09-2018 Exhibit P3 A TRUE COPY OF THE LEASE DEED NO.2489/2017 EXECUTED BETWEEN THE LANDLORD AND THE PETITIONER DATED 30.10.2017 FOR THE PURPOSE OF GODOWN FOR THE LPG DISTRIBUTION PETITIONER Exhibit P4 A TRUE COPY OF THE LEASE DEED NO.2490/2017 DATED 30.10.2017 EXECUTED BETWEEN THE LANDLORD AND THE PETITIONER FOR TAKING THE BUILDING ON LEASE, FOR THE OPERATION OF THE OFFICE OF THE DISTRIBUTORSHIP PETITIONER Exhibit P5 A TRUE COPY OF THE LICENCE NO.400822/RPTL20/GPO/2024/3849(249) DATED 05-07-2024 ISSUED IN RESPECT OF THE OFFICE BY THE PANCHAYATH PETITIONER Exhibit P6 A TRUE COPY OF LICENCE NO.400822/RPTL20 /GPO/2024/3849 (248) DATED 02-07-2024 ISSUED BY THE PANCHAYAT IN RESPECT OF THE GAS AGENCY PETITIONER Exhibit P7 A TRUE COPY OF THE LICENCE NO.G/SE/KL/06/157(G49648) DATED 30-11-

2018 ISSUED BY THE MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA PETITIONER Exhibit P8 A TRUE COPY OF THE DEED OF PARTNERSHIP ENTERED BETWEEN THE PETITIONERS ON 24-

09-2018 2025:KER:54191

Exhibit P8(a) TYPED COPY OF EXT.P8 Exhibit P9 A TRUE COPY OF THE RELEVANT EXTRACTS OF THE DEED OF ADMISSION AND RECONSTITUTION DATED 05-08-2019 Exhibit P10 A TRUE COPY OF THE AGREEMENT DATED 26- 04-2022 Exhibit P11 A TRUE COPY OF THE ORDER DATED 08.07.2022 IN A.R. NO. 51/2022 OF THIS HON'BLE COURT Exhibit P12 A TRUE COPY OF THE ORDER DATED 11.04.2023 IN IA 1/2023 IN A.O.P. 1/2023 OF THE ARBITRAL TRIBUNAL Exhibit P13 A TRUE COPY OF THE FIR IN CRIME NO.19/2023 MANGALAM DAM POLICE STATION, PALAKKAD DATED 15.01.2023 Exhibit P14 A TRUE COPY OF THE ORDER DATED 16.02.2023 IN W.P.(C).NO.5434/2023 Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED

Exhibit P16 A TRUE COPY OF THE COMPLAINT DATED 03- 07-2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER MANGALAMDAM POLICE STATION Exhibit P16(a) A TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING SUBMISSION OF EXT.P16 Exhibit P17 A TRUE COPY OF THE JUDGMENT DATED 03.06.2025 IN O.S.NO.6/2022 IN THE COURT OF MUNISIFF OF ALATHUR