IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 26891 of 2010(J) --------------------------------- PETITIONER(S): ------------------- SAIDALAVI, AGED 38, S/O.CHANDU KUNJUMOIDEEN, AVS VEGITABLES, CALICUT ROAD, MOONIYOOR AMSOM, THIRURANGADI TALUK, MALAPPURAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, THIRURANGADI, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, THIRURANGADI. 4. THE SUB INSPECTOR OF POLICE, THIRURANGADI POLICE STATION, THIRURANGADI. 5. KADIYUMMA, AGED 62, W/O.ABUBACKER, D/O.MOHAMMED KUTTY, KOLLANCHERRY, THRIKKULAM DESOM, THIRURANGADI TALUK. .....2/-... ....2.... 6. MUJEEB, AGED 30, S/O.ABUBACKER, KOLLAMCHERRY, THRIKKULAM DESOM, THIRURANGADI TALUK. 7. MUNEER, AGED 26, S/O.ABUBACKER, KOLLAMCHERRY, THRIKKULAM DESOM, THIRURANGADI TALUK. * ADDL. R8 IMPLEADED *8. THIROORANGADI GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, MALAPPURAM DISTRICT. IS SUO-MOTO IMPLEADED AS PER ORDER DATED 06/09/2010. R1 TO R4 BY GOVT.PLEADER SRI. T.K. VIPINDAS R5 TO R7 BY ADVS. SRI.K.P.SUDHEER SMT.M.SINDHU THANKAM R8 BY ADVS. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 26891/2010(J) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE DATD 07/07/2010 OF THE SECRETARY, THIRURANGADI GRAMA PANCHAYATH. P2: COPY OF THE LICENCE DATED 15/05/2009 OF THE SECRETARY, THIRURANGADI PANCHAYATH. P3: COPY OF THE LEASE DEED DATED 05/03/2010. P4: COPY OF THE PETITION SEEKING POLICE PROTECTION TO THE 3RD & 4TH RESPONDENTS. RESPONDENTS EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.26891 OF 2010 ------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner states that he is a tenant under the 5th respondent. This writ petition is presented on 26.8.2010 seeking an order of police protection on the premise that there is obstruction to a vegetable shop that the petitioner is conducting. We are shown by the counsel appearing for the private respondents that on 30.8.2010, the Munsiff's Court, Parappanangady has registered O.S.217/10 filed by the petitioner against the 5th respondent for a decree of perpetual prohibitory injunction, restraining the 5th respondent herein, her children, her men and agents from forcefully evicting the writ petitioner from the shop building in question and from obstructing the vegetable business and from committing waste etc. It is submitted by the learned counsel appearing for the WPC.26891/10 2 private respondents that the said suit is listed today before that court. We also find that this Court had recorded on 6.9.2010 that the writ petitioner is the wrong doer in as much as he dumps waste in the vicinity and the panchayat has taken action. This was recorded by this Court on the basis of the submission made by the learned Government Pleader. Under such circumstances, we close this writ petition without prejudice to the contentions of the petitioner. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.15/09.