Kerala High Court
Rajani vs The Circle Inspector Of Police on 27 January, 2014
Author: Manjula Chellur
Bench: Manjula Chellur, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 28TH DAY OF FEBRUARY 2014/9TH PHALGUNA, 1935
WP(C).No. 94 of 2014 (J)
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PETITIONER(S):
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RAJANI,
W/O.LATE JINACHANDRAN, KOTTAPPALLI HOUSE,
THIRUMALABHAGOM P.O., CHAVADY, THURAVOOR,
CHERTHALA, ALAPPUZHA.
BY ADV. SRI.P.V.JAYACHANDRAN
RESPONDENT(S):
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1. THE CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR, KUTHIATHODU,
CHERTHALA, ALLAPPUZHA DISTRICT-688 533.
2. THE SUB INSPECTOR OF POLICE,
KUTHIATHODU POLICE STATION, CHERTHALA,
ALAPPUZHA-688 533.
3. N.D.ASHOKAN,
S/O.DAMODARAN, NIKARTHIL, THURAVOOR,
CHERTHALA, ALAPPUZHA - 688 532.
*ADDL.R4 & R5 IMPLEADED:
R4. R.PURUSHOTHAMAN,
S/O.RAGHAVAN (LATE), AGED 71 YEARS,PREERA BHAVAN,
THIRUMALABHAGAM.P.O., CHERTHALA, ALAPPUZHA -688 540.
R5. K.R.DINESHAN,
S/O.RAGHAVAN, (LATE), AGED 61 YEARS,KOTTAPPILLIL,
THIRUMALABHAGAM.P.O., CHERTHALA, ALAPPUZHA - 688 540.
(*ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DATED 27/01/2014
IN IA NO.317/2014)
R1 & R2 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE
R3 BY ADV. SRI.K.B.DAYAL
ADDL.R5 & R6 BY ADVS. SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28-02-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
WP(C).No. 94 of 2014 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1. TRUE COPY OF THE REQUEST DATED 17/9/2013 SUBMITTED TO R1.
EXHIBIT P2. TRUE COPY OF THE REQUEST DATED 17/9/2013 SUBMITTED TO R2.
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R3: COPY OF THE BALANCE SHEET AS ON 7/06/2001 OF THE
AISWARYA TAXI HOUSE, CHAVADY.
EXHIBIT R3(A): ENGLISH TRANSLATION OF EXT.R3 DOCUMENT.
/TRUE COPY/
P.A.TO JUDGE
Kss
MANJULA CHELLUR,C.J.
&
A.M.SHAFFIQUE, J.
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W.P.(c) No.94 of 2014
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Dated this the 28th day of February, 2014
JUDGMENT
Manjula Chellur,CJ Petitioner is before this Court seeking following reliefs against party respondents at the hands of 3rd respondent
-police:-
"a) Issue a writ of mandamus or appropriate writs directions or orders directing the respondents 1 and 2 to extend adequate and effective police protection to the petitioner for conducting Aiswariya Taxi House business from the interference of the 3rd respondent,
b) Directing the respondents 1 and 2 to enforce the legal right of the petitioner by restraining the 3rd respondent from interfering with the petitioner's right to conduct the taxi house business in her residential premises.
c) Grant such other reliefs as this Hon'ble court deem fit to grant in interest of justice."
2. During pendency of the writ petition additional respondents 4 and 5 are impleaded who are none other than W.P.(c) No.94 of 2014 2 the brothers of late Jinachandran, husband of the petitioner. According to petitioner, her husband was conducting business in a taxi house by name Aiswariya Taxi House and after his death she is continuing the said business. During the life time of her husband, her husband along with 3rd respondent had jointly purchased certain lands with a shop room and some of the items belonging to the business are kept in the said shop. As a matter of fact, though the name of the business is Aiswariya Taxi House, actually it is not a travel business; but it is a business of renting vessels and other items on hire basis. If there are any issues so far as the business as such between the petitioner, 3rd respondent and brothers of her husband, it is a civil dispute to be sorted out before a civil court.
Police cannot be asked to assist her in conducting the business without obstruction from 3rd respondent and others. Rights and liabilities of the petitioner and her husband so also the party respondents cannot be decided either by the Police or by this Court in a petition under Article 226 of the W.P.(c) No.94 of 2014 3 Constitution of India. Hence none of the reliefs sought in the writ petitioner can be entertained, accordingly this writ petition is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE.
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