IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 27370 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. G.NAGARAJAN,S/O.GANESAN ASARI,KAUSTHUBAM NEAR AMMAN KOVIL,VARKALA. 2. ISMAIL KUNJU,S/O.IBRAHIMKUTTY, SHANAWAS MANZIL,ANJALAMMOODU,THRIKKADAVOOR, KOLLAM. 3. VELAYUDHAN ASARI,S/O.GANESAN ASARI, VARUVILAKATHU VEEDU,NEAR AMMANKOVIL,VARKALA. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,VARKALA POLICE STATION. 2. BIJISEN VIJAYAKUMAR, W/O.VIJAYAKUMAR, PRESENTLY RESIDING AT LAKSHMI VARAM,KULANGIYIL, ELAMADU VILLAGE, KOTTARAKARA. ADV. SRI.LATHEESH SEBASTIAN FOR R2 SMT.BINITHA JAMES FOR R2 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.27370/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF INJUNCTION ORDER IN I.A.NO.1873/08 IN O.S.291/08 BEFORE THE MUNSIFFS COURT, VARKALA DATED 6-10-2008 EXT.P2. TRUE COPY OF INJUNCTION ORDER IN I.A.NO.1870/08 IN O.S.290/08 BEFORE THE MUNSIFFS COURT, VARKALA, DATED 6-10-2008. EXT.P3. TRUE COPY OF INJUNCTION ORDER IN I.A.NO.1904/08 IN O.S.294/08 BEFORE THE MUNSIFFS COURT, VARKALA DATED 13-10-2008 EXT.P4. TRUE COPY OF PETITION DATED 15-9-2009 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF THE PETITION IN O.P.NO.1/09 OF RENT CONTROL COURT (MUNSIFF COURT), VARKALA. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.27370 of 2009 ----------------------------------------- Dated this the 15th day of October, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- i) issue a writ of mandamus or any other writ, order or direction commanding and compelling the 1st respondent to afford adequate and effective police protection to the lives of the petitioners, from the illegal acts, threats and abuse of the 2nd respondent and her henchmen and enable the petitioners to conduct their trade in the respective shop rooms. Learned counsel for the second respondent submits that the second respondent will not in any way interfere with the business of the petitioners otherwise than in accordance with law. The above submission is recorded. Learned counsel for the second respondent submits that under the cover of the order of injunction obtained by the petitioners, they are attempting to conduct maintenance of the building without due permission from the court or the Accommodation W.P(C)No.27370 of 2009 -:2:- Controller. If that be so, it is for the second respondent to take appropriate action in accordance with law before the appropriate forum. This court will not be justified in entering an adjudication as to whether there is construction, maintenance etc. The direction by this court to the second respondent is only to the effect that the second respondent shall not interfere with the business of the petitioners. In the event of any such attempt to interfere with the business, it will be open to the petitioners to bring the matter to the notice of the Police in which event the Police will render necessary protection for the smooth conduct of the business of the petitioners. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.27370 of 2009 ---------------------------- JUDGMENT 15th October, 2009