IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 27291 of 2009(F) -------------------------- PETITIONER(S): --------------- P.SHAMSEER,S/O.MOHAMMED, PADAVANNA HOUSE,KOVILAKOM ROAD, MANJERI (PO),MALAPPURAM DISTRICT, PIN 676 121. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VAZHIKKADAVU POLICE STATION, MALAPPURAM DISTRICT. 2. POOKKODAN SUBAIR,S/O.MOIDEEN, MANIMOOLI,VAZHIKKADAVU, MALAPPURAM DISTRICT. 3. POOKKODAN MOHAMMED IQBAL, S/O.POOKKODAN MOIDEEN,POOKKODAN HOUSE, KETTUNGAL,VAZHIKKADAVU (PO), MALAPPURAM DISTRICT. WP(C).No. 27291 of 2009 :: 2 :: ADDITIONAL R4: MRS.CHOORAPPILAN JAMEELA, W/O. POOKODAN SUBAIR, MANIMOOLY (PO), MALAPPURAM DT. IMPLEADED AS PER ORDER DT. 22.9.2009 IN I.A.NO.11948/09 ADDITIONAL R5 & 6: 5. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, NILAMBUR. IMPLEADED AS PER ORDER DT. 04.12.2009 IN I.A.NO.12153/09 R1 BY GOVERNMENT PLEADER T.K.VIPINDAS R2, R3 & R4 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27291 of 2009 :: 3 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE RECEIPT DATED 3.4.2009 ISSUED BY THE VAZHIKKADAVU GRAMA PANCHAYAT FOR PAYING THE LICENCE FEE AND PROFESSIONAL TAX. EXT.P2: TRUE COPY OF THE ORDER RENEWING THE 'LICENCE TO STORE PETROLEUM IN TANKS' ISSUED BY THE DY.CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM SUB CIRCLE OFFICE, ERNAKULAM DATED 29.3.2004. EXT.P3: TRUE COPY OF THE REGISTERED LEASE AGREEMENT DATED 21.1.2004. EXT.P4: TRUE COPY OF THE JUDGMENT IN O.S.62 OF 2004 DATED 21.1.2006. EXT.P5: PHOTOGRAPHS SHOWING BLOCKING THE ENTRY TO PETROLEUM OUTLET BY TYPING A ROPE ACROSS THE ENTRY. EXT.P6: TRUE COPY OF THE COMPLAINT DATED 24.9.2009 SUBMITTED BEFORE R1. EXT.P7: TRUE COPY OF THE NOTICE VIDE NUMBER 204/PTN/J3/09/DTD. 24.09.09 ISSUED BY R1 TO THE PETITIONER. EXT.P8: TRUE COPY OF THE PHOTOGRAPHS SHOWING UNLOAIDNG GRANITES AT THE ENTRANCE OF THE PETROLEUM OUTLET. EXT.P9: TRUE COPY OF THE APPEAL MEMORANDUM IN A.S.25 OF 2006. WP(C).No. 27291 of 2009 :: 4 :: EXT.P10: TRUE COPY OF THE LAWYER NOTICE DATED 13.7.2005 SENT ON BEHALF OF POOKKODAN NOUSHAD TO THE PETITIONER. EXT.P11: TRUE COPY OF THE REPLY NOTICE DATED 28.7.2005 SENT TO POOKKODAN NOUSHAD. EXT.P12: TRUE COPY OF THE COMPLAINT DATED 4.11.2009 SUBMITTED BEFORE THE C.I. OF POLICE, NILAMBUR. EXT.P13: TRUE COPY OF THE COMPLAINT DATED 4.11.2009 SUBMITTED BEFORE THE C.I. OF POLICE, NILAMBUR. RESPONDENTS' EXHIBITS: NIL EXT.R2(A): TRUE COPY OF THE PHOTOGRAPHS. EXT.R2(B): TRUE COPY OF THE NOTICE ISSUED BY THE SUB INSPECTOR OF POLICE, VAZHIKKADAVU TO THE 2ND RESPONDENT. EXT.R2(C): TRUE COPY OF THE NOTICE ISSUED BY THE SUB INSPECTOR OF POLICE, VAZHIKKADAVU TO THE 3RD RESPONDENT. //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.27291 of 2009 ---------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to provide adequate, necessary and meaningful police protection to the person and property of petitioner and his family members.” 2. Basically, there is a dispute with regard to the tenancy arrangement between the petitioner on the one side and respondents 2 to 4 on the other. 3. Finding an element of settlement, we directed the parties to be present before this court. We also had the assistance of Smt.M.A.Zohra, learned counsel practising in this court as Conciliator-cum-Mediator. Thanks to the strenuous efforts taken by the learned conciliator and thanks to the co-operation extended by W.P.(C).No.27291 of 2009 :: 2 :: the parties and their counsel, the parties have arrived at a settlement. The following are the terms of settlement: a) The petitioner has paid the admitted rent dues upto October being Rs.5,86,500/- to the additional 4th respondent. 2 month rent arrears of Rs.21,000/- is deposited at the Hon'ble District Court, Manjeri in A.S.No.25/06 pending before the Hon'ble District Court. That can be taken by the 4th respondent herein. b) The rent in future as per the rental agreement existing between the parties on 21.1.2004, shall be paid in to the Joint S.B.Account No.12108 of the South Malabar Grameen Bank, Vazhikkadavu Branch, Malappuram, on the 1st or before the 5th of each month correctly and without fail. c) The rental agreement shall be followed by the petitioner and he will not raise any objection to the terms and conditions in the rental agreement. He agrees to abide by all the conditions in the agreement without fail. d) All cases, both civil and criminal cases, existing between the parties in regard to their disputes existing in the matter of the above writ petition regarding dispossession of the petrol pump shall be W.P.(C).No.27291 of 2009 :: 3 :: withdrawn by the parties and the parties will restore and continue amicable and peaceful relationship between them.” The above terms are recorded. 4. In view of the settlement, we direct the parties to develop mutual trust and solicit co-operation for the co-existence. Since the disputes have thus been settled between the parties in terms of the settlement and for securing ends of justice, the proceedings in Crime No.77/08 on the file of the Vazhikkadavu Police Station need not be pursued. Accordingly, the F.I.R. in Crime No.77/08 on the file of the Vazhikkadavu Police Station is quashed. 5. As far as the other cases are concerned, it is for the parties to take appropriate action. In the unlikely event of breach of any of the conditions of settlement, on the part of the party respondents in terms of the compromise, and unlawful interference with the business of the petitioner, it will be open to the petitioner to seek the assistance of the police, in which case, the police will W.P.(C).No.27291 of 2009 :: 4 :: render necessary protection for the conduct of the business, in accordance with law. 6. It is also made clear that while taking steps to withdraw A.S.No.25/06 on the file of the District Court, Manjeri, it will certainly be open to the appellants to seek appropriate orders from the said court in respect of any adverse finding, in view of the compromise reached by the parties. 7. The writ petition is disposed of in terms of the compromise as above. Towards remuneration to the learned Mediator, the parties are directed to pay an amount of Rs.10,000/- each within 10 days from today. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//