High Court of KeralaWP(C)/13858/2014closed

Radhakrishnan @ Babu v. The Commissioner Of Police, Kozhikode

2015-11-21Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 ---------------------------- PETITIONER(S):

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1. RADHAKRISHNAN @ BABU, AGED 49 YEARS S/O GOVINDAN, MATHA KRIPA, KALARIPPARAMBU POST FEROKE, KOZHIKODE 673631

2. K.P.C MOHAMMED KOYA, AGED 53 YEARS S/O K.P.C. HAMZA, KARIKKERIYIL VEEDU, VIRUPPIL POST CHELAVOOR, KOZHIKODE DISTRICT

3. ABDUL NAZEER, AGED 50 YEARS S/O MOHAMMED KUTTY, PONNEKAVIL, ARAFA HOUSE POST FEROKE, KOZHIKODE 673631

4. HAMZA KOYA, AGED 50 YEARS S/O ABDULLA, PANOLIL HOUSE, CHERUVANNUR POST FEROKE, KOZHIKODE 673631

5. REJI JOSE, AGED 45 YEARS S/O JOSE, NADUNTHADIYIL, CHELANNUR PERUMPOYIL, POST KAKKOOR, KOZHIKODE 673613 BY ADVS.SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S):

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1. THE COMMISSIONER OF POLICE, KOZHIKODE 673001

2. CIRCLE INSPECOTR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE 673018

3. THE STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, KOZHIKODE 673018

4. SHYJITH, VAVUKKAL HOUSE, POST MAYANAD, KOZHIKODE 673571

5. ANEESH, S/O GOPALAN, KODAKKAD HOUSE, POST CHELAVOOR KOZHIKODE 673571 Contd...

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6. KOYA, S/O KOYATTI, KUNDAVIL HOUSE, POST MAYANAD KOZHIKODE 673571

7. NAZAR OZHUKKARA, POST MAYANAD, KOZHIKODE 673571

8. SHAJI, L.E QUARTERS, MEDICAL COLLEGE CAMPUS, NEAR IMG POST MEDICAL COLLGE, KOZHIKODE 673018

9. RAVEENDRAN NAIR, DRIVER, PRIVATE AMBULANCE SERVIE CENTRE MEDICAL COLLEGE, KOZHIKODE 673018

10. SHAJI, DRIVER, PRIVATE AMBULANCE SERVIE CENTRE MEDICAL COLLEGE, KOZHIKODE 673018

11. PRIVATE AMBULANCE SERVICE CENTRE, MEDICAL COLLEGE, KOZHIKODE 673018 REPRESENTED BY ITS STAND COMMITTEE CHAIRMAN R1-R3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED R4,R5,R7,R9-R11 BY ADV. SRI.K.RAMAKUMAR (SR.) R4,R5,R7,R8,R9-R11 BY ADV. SRI.S.M.PRASANTH R4,R5,R7,R9-R11 BY ADV. SRI.M.MANOJKUMAR (CHELAKKADAN) R4,R5,R7,R9-R11 BY ADV. SMT.ASHA BABU R4,R5,R7,R9-R11 BY ADV. SMT.AMMU CHARLES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 : COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 15-11-2013 WITH ENGLISH TRANSLATION. EXHIBIT P2 : COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 27-03-2014 WITH ENGLISH TRANSLATION. EXHIBIT P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE IST RESPONDENT DATED 24-03-2014 WITH ENGLISH TRANSLATION.

EXHIBIT P4 : COPY OF THE COMPLAINT SUBMITTED BT THE DIRECTOR OF ANGELS INTERNATIONAL FOUNDATION, KOZHIKODE FILED BEFORE THE 3RD RESPONDENT DATED 18-03-2013 WITH ENGLISH TRANSLATION. EXHIBIT P5 : COPY OF THE COMPLAINT SUBMITTED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 25-04-2014 WITH ENGLISH TRANSLATION. EXHIBIT P6 : COPY OF THE ACKNOWLEDGEMENT FOR THE RECEIPT OF P5 COMPLAINT DATED 25-04-2014 WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS --------------------------- EXT.R4(a) : TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KOZHIKODE DATED 13.3.2013 ALONG WITH ENGLISH TRANSLATION. //TRUE COPY// P.A.TO JUDGE ami/

ASHOK BHUSHAN, C.J. & A.M.SHAFFIQUE, J.

------------------------------------- W.P.(C)No.13858 of 2014 ---------------------------------- Dated this the 21st day of November, 2015.

J U D G M E N T

SHAFFIQUE, J.

This writ petition has been filed seeking police protection alleging threat from respondents 4 to 11. It is alleged that the respondents are preventing and obstructing the petitioners from functioning the ambulance service operated by them.

The learned Additional Director General of Prosecutions on instruction would submit that during the pendency of the writ petition, no untoward incident has been reported and law and order situation is being maintained.

3. Hence we close this writ petition, giving liberty to the petitioners to approach the police, if any further cause of action arises.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge