IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 27959 of 2011(T) -------------------------------------- PETITIONER: ------------------- THE MOBILE STORE, ESSAR TELECOM RETAIL LIMITED.,ESSAR HOUSE,11 K.K.MARG,MAHALAKSHMI,MUMBAI- 400 034,REPRESENTED BY ITS SUPPLY CHAIN MANAGER & AUTHORISED SIGNATORY, SANJEEV KUMAR.I.N,IST FLOOR, KALLYANI COMPLEX, MKK NAIR ROAD,OPP.AXIS BANK, PALARIVATTOM , COCHI-25. BY ADV. SRI.V.G.ARUN. RESPONDENTS: ------------------------ 1. THE SUB INSEPCTOR OF POLICE,KASABA POLICE STATION,KOZHIKODE- 673 008. 2. THE CIRCLE INSPECTOR OF POLICE,KASABA POLICE STATION,KOZHIKODE- 673 008. 3. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE- 673 011. 4. THE CIRCLE INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE- 673 011. 5. THE DISTRICT POLICE CHIEF , KOZHIKODE-673 011. 6. PREVIN.T, PRIYA,1/4356,BILATHIKULAM, ERANHIPPALAM P.O,KOZHIKODE- 673 006. R1 TO R5 BY SR. GOVT. PLEADER SRI. T.P. SAJID, R6 BY ADVS. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA, SRI.ARJUN SREEDHAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27959/2011-T: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: COPY OF THE INVOICE DATED 12/10/2011. EXHIBIT P2: COPY OF THE LETTER ISSUED BY SANTHOSH KUMAR. EXHIBIT P3: COPY OF THE OUTPATIENT TICKET DATED 12/10/2011 ISSUED FROM THE GOVERNMENT GENERAL HOSPITAL. EXHIBIT P4: COPY OF THE COMPLAINAT DATED 14/10/2011. RESPONDENTS' EXHIBIT:- EXT.R6.A: COPY OF THE BANK STATEMENT DTD. 02/04/2011 FOR THE PERIOD BETWEEN 01/04/2010 TO 31/03/2011. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.27959 OF 2011 ------------------------ Dated this the 19th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a company engaged in the business of whole sale and retail sale of mobile handsets, has filed this writ petition seeking police protection for the smooth functioning of the company's retail stores situated at Ground Floor, Sunlight Tower Next to Aradhana Building, Kallai Road, Kozhikode and Land Ship Mall, Mavoor Road, Kozhikode . It is alleged in this writ petition that the 6th respondent, a former employee of the petitioner company, is creating all sorts of troubles to the conduct of business by the petitioner in the two retail outlets mentioned above. In paragraph 3 of the writ petition it is specifically alleged that on 10/10/2011, the 6th respondent and his men tresspassed into the shop situated on Mavoor Road and assaulted Sri.Santhosh Kumar, the Area Operation Manager of the company and possibly took away 9 mobile phones worth Rs.74,811/-. It is also alleged that in order to cover up his WPC.No.27959/2011 2 theft, the 6th respondent assaulted the above Mr.Santhosh Kumar and compelled him to issue an invoice for the mobile phones he had taken. 2. The 6th respondent, against whom allegations are levelled in the writ petition, has filed a detailed counter affidavit. It is contended therein that the allegations and accusations levelled against the 6th respondent are without any truth. Along with the counter affidavit, the 6th respondent has produced Ext.R6(a) to show that substantial amounts are due from the petitioner company to him by way of salary arrears. After denying the allegations, the 6th respondent has conceded that he has no intention whatsoever to meddle with the conduct of the two retail shops by the petitioner. His intention is only to pursue his legal remedies against his grievance that he has not been paid the lawful salary. 3. The petitioner has filed a reply affidavit reiterating the averments in the writ petition and denying those in the counter affidavit. 4. We have heard the submissions of Sri.V.G.Arun learned counsel for the petitioner and Sri.Arjun Sreedhar learned WPC.No.27959/2011 3 counsel for the 6th respondent and Sri.T.P.Sajid learned senior Government Pleader. Mr.Arun made submissions on the basis of the averments in the writ petition and the reply affidavit. He referred to the documents produced by the petitioner and submits that every word what is stated by the petitioner is correct. Mr.Arjun Sreedhar, per contra, would make submissions based on the counter affidavit. According to him, there is no warrant at all for issuance of police protection directions. He submitted that the police is yet to register any crime against the 6th respondent. Sri.T.G.Sajid learned Government Pleader submitted that as regards the complaint, which is referred to in paragraph 3 of the writ petition that the 6th respondent and his men tresspassed into the Mobile store situated on Mavoor Road and assaulted Sri.Santhosh Kumar, Sri.Santhosh Kumar denied the allegation that he was assaulted. Mr.Sajid submits that according to Mr.Santhosh Kumar, there is no law and order situation in the shop and business is being conducted peacefully. 5. Having anxiously considered the rival submissions addressed at the Bar, we are of the view that there is no warrant WPC.No.27959/2011 4 for issuance of the specific police protection direction sought for under prayer No. 1 in the writ petition. However, we dispose of this writ petition directing the first respondent to keep vigil over the two shop rooms mentioned in the writ petition and ensure by taking proper action whatever necessary that the dispute between the petitioner company and the 6th respondent does not give rise to any law and order situation. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.27959/2011 5 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. WPC.No.27959/2011 6 ------------------------ W.P.(C).No. 27959 OF 2011 ------------------------ Dated this the 21st day of October, 2011 O R D E R Pius C.Kuriakose, J. Issue notice on admission by special messenger to the 6th respondent. The Government Pleader takes notice on behalf of respondents 1 to 5. The Government Pleader will seek instructions from respondents 1 and 3 as to the correctness of the allegations in the writ petition. 2. In the meanwhile, having regard to the averments in the writ petition, various documents produced and the submissions of Sri.v.G.Arun learned counsel for the petitioner, there will be an interim order in the following terms; Respondents 1 to 5 will render adequate and sufficient protection to the willing employees of the petitioner in the petitioner's retail stores situated at Ground Floor, Sunlight Tower (Next to Aradhana Building, Kallai Road, Kozhikode) and Land Ship Mall, Mavoor Road, Kozhikode and to the customers of the petitioner visiting the above mentioned retail stores to have their WPC.No.27959/2011 7 free ingress and egress to the above mentioned retail stores and also for the smooth functioning of the above mentioned two retail stores of the petitioner company free from obstructions caused by the 6th respondent and his men. Post on 27/10/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk