K.Anil Neezhari v. The Circle Inspector 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 TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 19562 of 2015 (U) ---------------------------- PETITIONER(S) :- ----------------- K.ANIL NEEZHARI, THEKKETHIL NEYTHUSALA, NEEZHARI LANE, ULLOOR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.B.S.SWATHY KUMAR SRI.VENKATESH GOPI SMT.T.RESHMA RESPONDENT(S) :- -------------------

1. THE CIRCLE INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM PIN - 695 011.

2. SURESH KUMAR S/O.KRISHNAN, BHARDIKODE VEEDU, NEEZHARI LANE ULLOOR, MEDICAL COLLEGE P.O.THIRUVANANTHAPURAM PIN - 695 011.

3. SANAL KUMAR KOPLAMVILAKATH VEEDU, NEEZHARI LANE, ULLOOR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM PIN - 695 011.

4. ANIL KUMAR S/O.SANKARAN, KOPLAMVILAKATH VEEDU, NEEZHARI LANE ULLOOR, MEDICAL COLLEGE P.O.

THIRUVANANTHAPURAM. PIN - 695 011.

5. GANESAN S/O.THANKAPPAN, KOPLAMVILAKATH VEEDU, NEEZHARI LANE ULLOOR, MEDICAL COLLEGE P.O.

THIRUVANANTHAPURAM. PIN - 695 011.

R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19562 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P-1: TRUE COPY OF THE RECEIPT NO.591184 ISSUED BY THE THIRUVANANTHAPURAM MUNICIPAL CORPORATION DATED 9.6.2015. EXT.P-2: TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 22.6.2015 AND ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.19562 of 2015 ------------------------------------- Dated this the 30th day of June 2015

J U D G M E N T

Shaffique, J.

The petitioner claims to be conducting a small vegetable store in Room No.4 of Ulloor Market, which was taken on rent from the Corporation of Thiruvananthapuram in his mother's name. The petitioner being a small vendor used to purchase vegetables from Chalai Market on a day-to-day basis and bring the same to the shop for vending. This was obstructed by private respondents.

2.

The petitioner submits that he alone is doing the unloading of vegetables to the shop and he is not engaging any other person. In such an event, it is apparent that the private respondents cannot obstruct the same and they cannot demand that they alone should do the unloading work, though it is a scheme covered area.

3.

The petitioner had submitted complaint to the police for necessary protection, so far, no action has been taken in the matter and hence, he has approached this Court.

W.P.(C) No.19562 of 2015 -: 2 :- 4.

Learned Government Pleader on instructions would submit that if the petitioner himself is doing the unloading work, the police will provide necessary protection. We take on record the aforesaid submission made by the learned Government Pleader and close the writ petition. We only observe that as and when there is any complaint from the petitioner, the police shall look into the matter and do the needful. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt