George Mathai v. Superintendent Of Police (Rural)

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 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 30407 of 2015 (A) ------------------------------------------- PETITIONER(S) :

------------------------- GEORGE MATHAI, AGED 40 YEARS, S/O. DR. N.M.MATHAI, RESIDING AT NEDUMCHALIL HOUSE, CHERUPARAMBATHU ROAD, KADAVANTHRA DESOM, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI-682 020.

BY ADV. SRI.K.C.SUDHEER RESPONDENT(S) :

-----------------------------

1. SUPERINTENDENT OF POLICE (RURAL), ALUVA- 683 101.

2. SUB INSPECTOR OF POLICE, ALUVA WEST POLICE STATION, ALUVA WEST, ERNAKULAM DISTRICT- 683 101.

3. INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), ADUVATHURUTHU UNIT COMMITTEE, ALANGAD-KOTTAPRAM, ALUVA WEST, REPRESENTED BY ITS CONVENER- 683 103.

4. CENTRE OF INDIAN TRADE UNIONS, ADUVATHURUTHU UNIT COMMITTEE, ALANGAD-KOTTAPRAM, ALUVA WEST, REPRESENTED BY ITS CONVENER- 683 103. * ADDITIONAL R5 IMPLEADED

5. KERALA HEAD LOAD WORKERS WELFARE BOARD, INDIAN CHAMBER ROAD, MATTANCHERRY, KOCHI, PIN- 682 002, REPRESENTED BY ITS CHAIRMAN.

* ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 27.10.2015 IN I.A.NO.15369 OF 2015.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 30407 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXHIBIT P1:

COPY OF THE SALE DEED NO. 3209/1/2003 OF SUB REGISTRAR'S OFFICE, ALUVA.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

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

------------------------------------- W.P.(C)No.30407 of 2015 ---------------------------------- Dated this the 27th day of October, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Heard the learned counsel for the petitioner and the learned Senior Government Pleader in the matter. Notice to respondents 3 and 4 is dispensed with, in view of the order to be passed.

2. The petitioner in this writ petition has prayed for a direction to respondents 1 and 2 to give sufficient police protection to the petitioner in the premises covered by Ext.P1 to carry out the smooth furnishing work alloted in his premises, without interference of members of respondent nos.3 and 4. The learned Government Pleader submits that in the writ petition there is no averment that the petitioner has ever approached the police authorities against any obstruction made by respondent nos.3 and 4 and the petitioner has come up with this writ petition seeking a

W.P.(C)No.30407 of 2015 direction without approaching the police authorities. We are of the view that, in the above factual situation of the case, justice will be served in giving liberty to the petitioner to file appropriate complaint before 2nd respondent in the event any obstruction is caused by respondent nos.3 and 4, which in turn will be looked into by the police authorities and appropriate action will be taken.

With the above observation, this writ petition is disposed of.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

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