Mohanan S v. The Superintendent Of Police, Alappuzha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 34944 of 2015 (P) ---------------------------------------- PETITIONER(S):

---------------------- MOHANAN S., AGED 40 YEARS, S/O.SIVARAMAN, RESIDING AT " ASWATHI NIVAS"

PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA-688524. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENT(S):

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

1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT-688001.

2. THE DY. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT-688001.

3. THE SUB INSPECTOR, CHERTHALA POLICE STATION, ALAPPUZHA-688524.

4. THE SUB INSPECTOR, KUTHIATHODE POLICE STATION, ALAPPUZHA-688533.

5. THE SUB INSPECTOR, AROOR POLICE STATION, ALAPPUZHA-688534.

6. BENNY, S/O.THOMAS, 'MUNDAYATH HOUSE', VAYALAR P.O., CHERTHALA, ALAPPUZHA-688536.

7. SAJI, S/O.BHASKARAN, 'VENDAMBIL', VAYALAR P.O., CHERTHALA, ALAPPUZHA-688536.

R1-5 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 34944 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION FOR THE PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-04-Q-7934. EXHIBIT-P2:

TRUE COPY OF THE PERMIT NO.P.ST 4/79/998 HAVING VALIDITY UP TO 17.12.2018.

EXHIBIT-P3:

TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2015.

EXHIBIT-P4:

TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF 3RD RESPONDENT VIDE NO.1572/2015 DATED 14.11.2015. EXHIBIT-P5:

TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 1ST RESPONDENT DATED 16.11.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 34944 of 2015 ================== Dated this, the 23rd day of November, 2015

J U D G M E N T

Ashok Bhushan, C.J.

Heard the learned counsel for the petitioner and the learned State Attorney. No notice is being issued to respondents 6 and 7 in view of the judgment which is being passed. 2.

Petitioner has prayed for a direction to respondents 1 to 5 to afford adequate protection and sufficient police aid for operating the petitioner's stage carriage vehicle bearing Regn.No.KL-04-Q-7934. Petitioner's case is that obstruction has been made by the private respondents in running of the vehicle with regard to which he has already filed a compliant, the copy of which has been annexed as Ext.P5 dated 16/11/2015. 3.

Learned State Attorney after obtaining instructions submits that after receipt of the complaint, private respondents were called and the 3rd respondent has already directed that adequate protection shall be provided in the event any

W.P(C) No.34944/15 -:2:- obstruction is created.

Recording the aforesaid statement made by the learned State Attorney, we close this writ petition.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp23/11/2015 //True Copy// PS to Judge