Indus Motors Company Private Limited v. The Superendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 14280 of 2015 (H) ------------------------------------------ PETITIONER(S) :
------------------------- INDUS MOTORS COMPANY PRIVATE LIMITED, OPP. COCHIN SHIPYARD, M.G.ROAD, THEVARA, COCHIN-682 015, KERALA, INDIA, REPRESENTED BY USMAN MOHAMMED HAREES, SAFETY & SECURITY MANAGER, INDUS MOTOR.
BY ADVS.SRI.M.R.SARIN SMT.N.RENJU RESPONDENT(S) :
----------------------------
1. THE SUPERENTENDENT OF POLICE, ERNAKULAM, PIN-682 001.
2. THE CIRCLE INSPECTOR OF POLICE CIRCLE OFFICE TOWN SOUTH POLICE STATION, THEVARA, PIN-682 016.
3. THE SUB INSPECTOR OF POLICE , ERNAKULAM TOWN SOUTH POLICE STATION, PIN-682 016.
4. UNNIKRISHNAN N.
S/O.NARAYANAN, PERUNTHANATH HOUSE, AIMS P.O.
EDAPPALLY, COCHIN, PIN-682 024.
5. BHARATHIYA KAMGAR SENA (B.K.S), ERNAKULAM DISTRICT COMMITTEE, SENA BHAVAN, KUTTAPPAI ROAD, KOCHI-35, REPRESENTED BY ITS GENERAL SECRETARY, SANTHOSH KUMAR G.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R4 BY ADV. SRI.T.A.THOMAS R5 BY ADVS. SRI.C.P.SAJI SMT.P.DEEPA MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 14280 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
THE TRUE COPY OF SHOW CAUSE MEMO ISSUED BY THREE PETITIONER'S COMPANY TO 4TH RESPONDENT ON 01.07.2014. P2 :
THE TRUE COPY OF LETTER ISSUED BY THE 5TH RESPONDENT TO THE FINANCE MANAGER OF THE PETITIONER'S COMPANY ON 14.04.2015.
P3 :
TRUE COPY OF COMPLAINT GIVEN BY THE PETITIONER'S COMPANY TO THE 1ST RESPONDENT ON 17.04.2015.
P4 :
TRUE COPY OF COMPLAINT GIVEN BY THE PETITIONER'S COMPANY TO THE 3RD RESPONDENT, DATED 07.05.2015.
P5 :
THE TRUE COPY OF NOTICE ISSUED BY THE 5TH RESPONDENT TO THE PETITONER'S COMPANY ON 14.04.2015.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
================ W.P (C) No. 14280 of 2015 =============== Dated this, the 18th day of June, 2015
J U D G M E N T
Shaffique, J Petitioner has approached this Court for police protection. It is submitted that petitioner is running a business in the name of Indus Motors. The 5th respondent has issued a letter dated 14/4/2015 to the Finance Manager of the petitioner company threatening that they will obstruct the smooth functioning of the petitioner company if the amount deposited by the 4th respondent is not refunded. Though petition was submitted to the police inter alia stating that the business activities of the petitioner will be prevented by the 5th respondent and their men, no action has been taken. Hence, this writ petition is filed. 2.
Learned Government Pleader on instructions submits that though the 5th respondent had put up a banner stating that they may conduct some agitation in front of the petitioner's business premises, nothing has happened and it was called off.
W.P (C) No.14280/2015.
-:2:- Learned counsel appearing for the 5th respondent also submits that they have no intention to conduct any agitation or demonstration in front of the petitioner's business premises. 3.
Having regard to the aforesaid factual situation, we do not think that any direction as sought for is required to be passed. However, we observe that if there is any further obstruction being caused by the 5th respondent preventing the business of the petitioner's company, on the complaint of the petitioner, police shall look into the matter and do the needful. Writ petition is closed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge