Rajeev Mohandas v. Commissioner Of Police, Kozhikode
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 8592 of 2015 (Y) --------------------------- PETITIONER(S):
----------- RAJEEV MOHANDAS, S/O.MOHANDAS AGED 50 YEARS 'SUN BEAMS', BILATHIKULAM ROAD, KOZHIKODE-673011 BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENT(S):
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1. THE COMMISSIONER OF POLICE KOZHKODE SOUTH - 673 011.
2. KOZHIKODE TOWN POLICE STATION REPRESENTED BY STATION HOUSE OFFICER. 673 011.
3. RAVINATH MOHANDAS, AGED 48 YEARS S/O.LATE V.MOHANDAS, "RAAG RANG"
BILATHIKULAM ROAD KOZHIKODE- 673 011.
BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8592 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 - PHOTOSTAT COPY OF THE DEED OF RETIREMENT EXECUTED BY THE 3RD RESPONDENT EXT.P2 - PHOTOSTAT COPY OF THE IRREVOCABLE AGREEMENT WAS ALSO ENTERED BETWEEN THE PARTIES EXT.P3 - PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.
EXT.P4 - PHOTOSTAT COPY OF THE PLAINT IN OS 220/2013 BEFORE THE SUBORDINATE JUDGE KOZHIKODE.
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... ....................................................... Dated this the 19th day of March, 2015.
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard the learned counsel for the petitioner, learned State Attorney as well as the learned counsel appearing for the 3 rd respondent.
2. By this Writ Petition, the petitioner has prayed for the following relief:
i) Issue a writ of mandamus or any other appropriate writ, order or direction directing or compelling respondents 1 & 2 to grant adequate and sufficient police protection to the firm namely; Sri.Venkatesh Naik Mohandas and Sons, situated at Palayam Road in Kozhikode, the petitioner his employees, his
customers and for free ingress and egress the shop and also direct the respondents 1 & 2 to afford sufficient police protection to the life of the petitioner, his employees, his customers, pending disposal of the above Writ Petition".
3. Petitioner's case in the Writ Petition is that petitioner and the 3 rd respondent were partners of a firm known as 'Sri.Venkatesh Naik Mohandas and Sons'. The third respondent has retired from the firm and the deed of retirement was also executed. Petitioner has also filed a suit being O.S. No. 220 of 2013 which is said to be pending.
4. The learned counsel for the third respondent submits that since terms and conditions of the deed were violated by the petitioner, he is still continuing as partner of the firm. He submits that an application for interim injunction has also been filed by the petitioner in the said suit.
5. Learned counsel for the petitioner has referred to an
order passed by the Sales Tax Authorities. He also submits that the third respondent is creating obstruction to the ingress and egress of the shop and they have informed the police over telephone but no action has been taken by the police.
6. Learned State Attorney, on instructions, submitted that no complaint has been submitted before the police regarding any obstruction to the ingress and egress of the shop. He submits that if any complaint is received, it shall be looked into by the police and appropriate action will be taken.
7. In view of the fact that this is a petition for police protection, we do not intend to proceed or examine the respective claim of the parties regarding retirement or continuance of the 3 rd respondent in the firm. That is the issue which has to be examined in the pending civil suit or any other appropriate proceedings. We only observe that if there is any obstruction regarding ingress and egress to the petitioner's shop,
on complaint of the petitioner to the concerned police station, the same shall be looked into by the police and the needful be done.
With this observation, this Writ Petition is closed. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge