Kerala High Court
M/S.Nirmala Matha Nets vs The Circle Inspector Of Police on 21 December, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 4TH DAY OF DECEMBER 2014/13TH AGRAHAYANA, 1936
WP(C).No. 27525 of 2014 (M)
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PETITIONER(S):
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M/S.NIRMALA MATHA NETS,
EAST VILLA, KOKKOTHAMANGALAM, MARUTHORVATTOM P.O.,
CHERTHALA, ALLEPPEY - 688 539,
REPRESENED BY ITS PARTNER JINOY JOSEPH.
BY ADVS.SRI.JOY THATTIL ITTOOP
SRI.A.G.ADITYA SHENOY
SRI.JACOB TOMLIN VARGHESE
SRI.K.M.BIJU
RESPONDENT(S):
--------------------------
1. THE CIRCLE INSPECTOR OF POLICE,
CHERTHALA CIRCLE OPFFICE, CHERTHALA,
ALLEPPEY - 688 501.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
CHERTHALA, ALLEPPEY - 688 501.
3. THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, CHERTHALA,
ALLEPPEY - 688 501.
4. MR.JOSE,
S/O. MATHEW, CMC 14, PUTHENVELLY HOUSE, CHAKKARAKULAM,
CHERTHALA, ALLEPPEY - 688 538.
R1-R3 BY ADV. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL
SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
R4 BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 27525 of 2014 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - TRUE COPY OF THE RENT DEED DT. 06.09.13.
EXT.P2 - TRUE COPY OF THE LEASE DEED LEASING THE HEAVY DUTY
MANUFACTURING MACHINERIES DT. 15.12.2010.
EXT.P3 - TRUE COPY OF THE CANCELLATION LETTER DT. 06.09.14.
EXT.P4 - TRUE COPY OF THE COMPLAINT DT. 17.10.14 PREFERRED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P5 - COPY OF THE ACKNOWLEDGMENT/RECEIPT ISSUED BY THE OFFICE OF
THE 1ST RESPONDENT.
EXT.P6 - TRUE COPY OF THE COMPLAINT DT. 17.10.14 PREFERRED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P7 - COPY OF THE ACKNOWLEDGMENT/ RECEIPT ISSUED BY THE OFFICE OF
THE 3RD RESPONDENT.
EXT.P8 - TRUE COPY OF THE COMPLAINT DT. 18.10.14 PREFERED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P9 - COPY OF THE ACKNOWLEGMENT/RECEIPT ISSUED BY THE OFFICE OF THE
2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS:
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EXT.R4(a): ATRUE COPY OF DAY BOOK MAINTAINED BY THE VAYALAR UNIT.
EXT.R4(b): A TRUE COPY OF ACCOUNT OF AMOUNTS SPENT BY 4TH RESPONDENT
SINCE CLOSING OF VAYALAR UNIT AND TILL DATE ON SNDSS UNIT.
EXT.R4(c): ATRUE COPY OF 1ST RENTAL ARRANGEMENT ENTERED BETWEEN
PETITIONER AND SNDSS DATED 21.12.2012.
EXT.R4(c) (a): AN ENGLISH TRANSLATION OF R4(c).
EXT.R4(d): A COPY OF EMAIL FOUND IN 4TH RESPONDENT'S POSSESSION
PERTAINING TO THE PROPOSED SHIFTING OF VAYALAR UNIT TO SNDSS
AND SEEKING SALES TAX CLARIFICATION FROM THE NIRMALA MONOFIL
PVT. LTD. COIMBATORE.
EXT.R4(e): ATRUE COPY OF RENT DEED RELATING TO THE VAYALAR UNIT
DATED 13.7.2010.
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WP(C).No. 27525 of 2014 (M)
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EXT.R4(f): ATRUE COPY OF RENT DEED DATED 20.10.2011 RELATING TO THE
VAYALAR UNIT.
EXT.R4(g): A COPY OF LETTER DATED 9.5.2010 ISSUED TO THE ASSISTANT
COMMISSIONER (CT) PODANUR CIRCLE, COIMBATORE-18 BY NIRMALA
MONOFIL PVT. LTD.
EXT.R4(h): A TRUE COPY OF CHEQUE NO.46443 ISSUED TO THE ASSISTANT
COMMISSIONER (CT) PODANUR CIRCLE, FROM THE ACCOUNT
MAINTAINED BY NIRMALA MONOFIL PVT. LTD DATED 9.5.2011 WITH THE
FEDERAL BANK'S COIMBATORE BRANCH.
EXT.R4(i): ATRUE COPY OF LEASE AGREEMENT DATED 9.5.2012 ENTERED
BETWEEN NIRMALA MONIL (p) LTD. AND NIRMALA MATHA NETS.
EXT.R4(j): ATRUE COPY OF LETTER ISSUED BY NIRMALA MONIFIL PRIVATE LIMITED
DATED 10.5.2011 RELATING TO THE SENDING OF TWO FISHNET MAKING
MACHINES TO THE VAYALAR UNIT.
EXT.R4(k): ATRUE COPY OF LEASE AGREEMENT DATED 15.12.2010 BETWEEN
NIRMALA MONIFIL PVT. LTD. AND NIRMALA MATHA NETS.
EXT.R4(l): ATRUE COPY OF LICENSE ISSUED BY VAYALAR GRAMA PANCHAYAT FOR
THE VAYALAR UNIT DATED 26.8.2010.
EXT.R4(l)(a): AN ENGLISH TRANSLATION OF R3(l).
EXT.R4(m): ATRUE COPY OF THE RENT DEED RENEWING THE ORIGINAL RENTAL
ARRANGEMENT WITH SNDSS DATED 7.2.2014.
EXT.R4(m)(a): AN ENGLISH TRANSLATION OF EXT.R3(m).
//TRUE COPY//
P.S.TO JUDGE
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Ashok Bhushan, Ag. C.J & A.M. Shaffique, J.
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W.P(C) No. 27525 of 2014
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Dated this, the 4th day of December, 2014.
J U D G M E N T
Ashok Bhushan, Ag. C.J.
Heard the learned counsel appearing for the petitioner and learned counsel appearing for the party respondent as well as the learned Government Pleader.
2. By this writ petition, the petitioner has prayed for a mandamus commanding respondents 1, 2 and 3 to provide adequate police protection to the petitioner, his employees and their machinery from respondent no. 4 and his men. The petitioner prays that he be permitted to remove the machinery from the premises.
3. Learned counsel for respondent no. 4 points out that a civil suit No. 717/2014 has been filed by the 4th respondent in the Munsiff's Court, Cherthala, where an order of status quo has been passed. It is further submitted that the Munsiff's Court refused to grant interim injunction since the matter is pending before this Court. He submits that the Munsiff has passed status quo order subject to orders in this writ petition.
4. Be that as it may, as far as the relief of the petitioner is concerned, the matter has already engaged the attention of the Munsiff's Court. Hence, we are of the view that the writ petition need not be entertained. The W.P(C) No. 27525 of 2014 -: 2 :- parties are at liberty to get their rights, including the right of shifting machinery, settled in the Munsiff's Court.
With the above observation, the writ petition is closed.
Sd/-
Ashok Bhushan, Ag. Chief Justice Sd/-
A.M. Shaffique, Judge.
Tds/