Nazia Sanju v. Circle Inspector Of Police,Kumali
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 6872 of 2014 (H) --------------------------- PETITIONER(S)/PETITIONERS:
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1. NAZIA SANJU W/O.SANJU, NIJIL MANZIL, @MEERASIPARAMBIL CHANGANACHERRY.
2. SANJU M.SAYED S/O.P.S. ABDUL MAJEED RAWTHER, NIJIL MANZIL @ MEERASIPARAMBIL, CHANGANACHERRY.
BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S)/RESPONDENTS:
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1. CIRCLE INSPECTOR OF POLICE, KUMALI- 685 509.
2. THE SUB INSPECTOR OF POLICE, VANDIPERIYAR - 685 533.
3. MOHAMMED YOUSAF, S/O.ABDUL SALAM, DARULSALAM HOUSE NEAR MUNICIPAL OFFICE, CHANGANACHERRY - 686 101.
4. MUHAMMEDALI JINNAH, S/O.SYEDMUHAMMED RAWTHER, FEBIN MANZIL NEAR PERUNNA NURSING HOME, CHANGANACHERRY - 686 101.
5. NAJEEB, PROPRIETOR, BADARIA STORES, VANDIPERIYAR - 685 533.
6. ABDAHIR, PROPRIETOR, M.S.A. COLD STORAGE VANDIPERIYAR - 685 533.
7. SAYED M.S.A.COLD STORAGE, VANDIPERIYAR - 685 533.
R1 & 2 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6872 of 2014 (H) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE PARTNERSHIP DEED DATED 17.09.2009 EXHIBIT P2 : TRUE COPY OF THE SALE DEED NO.2919 OF 2009 DATED 06.11.2009 EXHIBIT P3 : TRUE COPY OF THE BUILDING PERMIT NO.A4-6039/13 DATED 10.04.2013 EXHIBIT P4 : TRUE COPY OF THE REGISTRATION CERITIFICATE DATED 24.07.2012 ISSUED BY THE DISTRICT INDUSTRIES CENTRE, IDUKKI EXHIBIT P5 : TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6 : TRUE COPY OF THE PHOTOGRAPH EXHIBIT P7 : TRUE COPY OF THE COMPLAINT DATED 22.02.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 : TRUE COPY OF THE COMPLAINT DATED 27.02.2014 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // sou.
P.A. TO JUDGE
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 6872 of 2014 --------------------------------------------------------------- Dated this the 25th day of November, 2015
JUDGMENT
Shaffique, J This writ petition has been filed seeking for police protection. It is alleged by the petitioner that the petitioners have formed a Partnership along with two other partners to carryout business of manufacturing and marketing of Agro based food products. It is alleged that respondents 3 and 4 who are residing far away are creating obstruction. The respondents 3 and 4 attempted to remove the gate which has been put up. It is further alleged that respondents 5 to 7 and some persons under him had removed the iron cadres. Though complaint was given to the police, no action has been taken. Hence the petitioners approached this Court.
2. It is submitted by learned Government Pleader that two suits are pending between the parties relating to the same matter and Police cannot interfere in civil disputes.
3. Police can interfere only if there is law and order
W.PC.No.6872/14 situation. An interim order has already been passed by this Court directing the police to maintain law and order. We make the interim order absolute and close the writ petition. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.27/11/15 // True Copy // P.A. To Judge