Kerala High Court
Dd Vyapar Bhavan Owner'S Association vs The City Police Commissioner
Author: K.M. Joseph
Bench: K.M.Joseph, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 8TH DAY OF FEBRUARY 2013/19TH MAGHA 1934
WP(C).No. 2324 of 2013 (M)
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PETITIONER(S):
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DD VYAPAR BHAVAN OWNER'S ASSOCIATION
(REG.NO.282/08), 27, 28, BASEMENT FLOOR,
DD VYAPAR BHAVAN, KADAVANTHARA, KOCHI -20,
REPRESENTED BY ITS PRESIDENT, K.V.JOSEPH,
S/O.VARGHESE GEORGE,AGED 67, 28/778, ''DEEPTHI'',
CHERUPARAMBATHU ROAD, KADAVANTHRA, KOCHI -20.
BY ADV. SRI.MANU ROY
RESPONDENT(S):
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1. THE CITY POLICE COMMISSIONER,
ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
ERNAKULAM TOWN SOUTH POLICE STATION, COCHIN- 15.
3. PAPPACHAN,AGED ABOUT 50,
FATHER'S NAME NOT KNOWN TO THE PETITIONER, WIN STUDIO,
ROOM NO.113, DD VYAPAR BHAVAN, KADAVANTHARA,
KOCHI- 20.
R1 & R2 BY SR GOVERNMENT PLEADER SRI.P.A.MUHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08-02-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.2324/2013
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE RESOLUTION DATED 12/01/13
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K.M. JOSEPH & K. RAMAKRISHNAN, JJ.
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W.P.(C) No.2324 of 2013
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Dated this the 8th day of February, 2013
JUDGMENT
K.M. JOSEPH,J Petitioner approached this court seeking the following :
i) Issue a writ of mandamus or such other Writ, Order or Direction, directing the respondents No. 1 and 2 to render necessary protection to the life and property of the petitioner and other shop owners and tenants of DD Vyapar Bhavan.
ii) Issue a Writ of Mandamus or such other Writ, Order or Direction, directing the respondents No. 1 and 2 to depute sufficient policemen in DD Vyapar Bhavan until a peaceful atmosphere is created there.
2) Briefly put the case as follows:
The petitioner is a registered association of the owners of a shopping complex by the name DD Vyapar Bhavan at Kadavanthra Junction. DD Vyapar Bhavan has recently become a hub for all criminals and criminal activities. There is a bar hotel W.P.C No. 2324 / 2013 2 functioning next to DD Vyapar Bhavan. These anti social elements include goondas, criminal, dacoits etc. It has now become a hub for the real estate mafia and drug trafficking. Many of the anti social elements are committing theft of various items from the shops and is threatening extorting money from the businessmen in DD Vyapar Bhavan and also from their customers. Even in day light these anti social elements are bringing liquor from the nearby beverage shop and consuming them in public. When the petitioner or any other shop owners question the same, they are being threatened and showered with filthy words. Most of these anti social elements are armed and the petitioner is unable to do any thing in the fear of death. The third respondent is a tenant and is running a studio in DD Vyapar Bhavan. He is aiding these antisocial elements and is supporting them in all their anti social activities. Ext.P1 resolution passed by the petitioner association seeking urgent interference in the matter and police protection evoked no response even after its receipt by the W.P.C No. 2324 / 2013 3 respondents No. 1 and 2. Hence the above writ petition seeking police protection to the petitioner, other tenants and merchants of DD Vyapar Bhavan.
When the matter came up, the learned Government Pleader submitted that police have intensified patrolling in the area and vehicle checking is also done. We record the same and dispose it.
Sd/-
K.M. JOSEPH, (Judge) Sd/-
K. RAMAKRISHNAN, (Judge) // True Copy// P.A. To Judge ss