IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 31041 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------- 1. THAHA,S/O.SHAMSUDHEEN, SOLIHA MANZIL,MANCHA, THEKKUMKARA,NEDUMANGAD, THIRUVANANTHAPURAM DIST.PIN-695 541 2. SAJEED, S/O.MAHEEN, HAZEENA MANZIL,MANCHA,THEKKUMKARA,NEDUMANGAD, THIRUVANANTHAPURAM DIST.PIN-695 541 3. SABEER, S/O.ABDUL RAHMAN, SURUMI MANZIL,KOPPAM, VALLOOKKONAM,NEDUMANGAD, THIRUVANANTHAPURAM DIST.PIN-695 541 4. NISSAR, S/O.ABDUL KAREEM,PARAVILAKOM VEEDU, PULINCHI,THEKKUMKARA,NEDUYMANGAD, THIRUVANANTHAPURAM DIST.PIN-695 541 5. HASHIM, S/O.ABDUL KHASIM, PULINDIYIL PARAYENVILAKATHU VEEDU, KARIPUR VILLAGE,PULINCHIYIL,NEDUMANGAD, THIRUVANANTHAPURAM DIST.PIN-695 541 BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE(RURAL), THIRUVANANTHAPURAM,PIN- 695 039 2. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM.PIN- 695 541 3. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM.PIN- 695 541 sts 2/- -2- WP(C)NO.31041/2011 4. NAVAS KHAN,S/O.KASIM KUNJU, ANCY MANZIL,CHANTHAMUKKU, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 5. SHAJEER,S/O.VAHAB, PULIKKUZHI,MANCHA P.O,VELLOORKONAM, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 6. N.O.VAHAB,S/O.UMMAR PILLA, NAVAS MANZIL,VELLOORKONAM,KOPPAM ROAD,VALIKKODE, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 7. SHAJI, S/O.MOHAMMED HANEEFA, PULINCHI,PAZHAVILA,KONATHU PUTHUVAL PUTHEN VEEDU, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 8. MUHAMMED,S/O.MAHEEN,KUNNINPURATH,PULINCHI, MANCHA P.O,NEDUMANGAD,THIRUVANANTHAPURAM- 695 541 9. NOUSHAD, S/O.MOHAMMED ISMAIL, BISMI MANZIL,AMBANAD,PATHAMKALLU, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 10. SUDHEER,S/O.ASHRAF,GREENLAND NAGAR,PULINCHI, MANCHA P.O,NEDUMANGAD,THIRUVANANTHAPURAM- 695 541 11. ABDUL RASHID, S/O.ABOOBACKER KUNJU, NEAR S.H. CONVENT,JYOTHI NURSERY SCHOOL, ARASUPARAMBU,CHELLAMKODE, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 12. ABDUL RAHMAN, S/O.ASANARU PILLA, MANNATH,MANCHA,MANCHA P.O, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 13. BASHEER, S/O.KASI PILLA, THOTTARIKATHU VEEDU, PATHINONNAMKALLU,NEDUMANGAD, THIRUVANANTHAPURAM.PIN- 695 541 14. SHAHABUDEEN, S/O.ABBOBACKER KUNJU,PARANDODU THADAM, NEAR GOVT.L.P.SCHOOL,CHELLAMKODE,ARASUPARAMBU, NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 15. MAHEEN,S/O.PEERUMOHAMMED, JITHISHNA MANZIL,ARASUPARAMBU, KOPPAM,NEDUMANGAD,THIRUVANANTHAPURAM.PIN- 695 541 R1 TO R3 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31041/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY, NEDUMANGAD MUNICIPALITY. P2 COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY EVIDENCING THE RECEIPT OF EXT.P1. P3 COPY OF THE COMPALINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. P4 COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT EVIDENCING THE REC OF EXT.P3 FORWARDED BY THE DISTRICT COLLECTOR. P5 COPY OF THE COMPLAINT DATED 11/11/2011 SUBM BY THE 1ST PETITIONER ON BEHALF OF THE PETITIONERS TO THE 3RD RESPONDENT. P6 COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF EXT.P5. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31041 OF 2011 ------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners, who are traders in Nedumangad Public Market, have filed this writ petition seeking police protection against respondents 4 to 15 who are also said to be traders in the same market. It is alleged that the conduct of business by the petitioners in the manner in which they are conducting the same is to the dislike of the party respondents who are conducting business in the different manner. 2. As directed by us, Sri.Dhanesh Mathew Manjooran learned Government Pleader has taken notice on behalf of respondents 1 to 3. We have heard Sri.R.V.Sreejith learned counsel for the petitioners and the learned Government Pleader. 3. The grievance voiced by the petitioners is that on account of the threats and other contumacious acts perpetrated by the party respondents, the petitioners are finding it extremely WPC.No.31041/2011 2 difficult to conduct business. They allege that there is threat to their lives and limbs. According to us, it is not necessary that we should examine the truth or otherwise of the allegations levelled by the petitioners. Ext.P5 complaint is seen submitted by the petitioners before the 3rd respondent. We are of the view that limited relief can be given to the petitioners even without issuing notice to the party respondents. 4. We dispose of this writ petition in the following terms; The third respondent will take up Ext.P5 immediately . He will visit the Nedumangad Public Market to take stock of the situation which really exists in the market. Thereafter he will either summon or meet the party respondents. A full fledged enquiry will be conducted by him into the truth or otherwise of the allegations in Ext.P5. If the enquiry reveals that there is subsisting threat to the lives and limbs of the petitioners on account of the action of the party respondents, the 3rd respondent will do the needful to remove the threats and ensure that lives and limbs of the petitioners are safe. At any rate necessary steps will be taken by the 3rd respondent to ensure that the dispute between the petitioners and the party WPC.No.31041/2011 3 respondents, who are all traders in the same market, does not give rise to any law and order situation or violence. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk