Kerala High Court
Shibu.R vs The Commissioner Of Police
Author: Manjula Chellur
Bench: Manjula Chellur, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 22ND DAY OF MAY 2014/1ST JYAISHTA, 1936
WP(C).No. 11610 of 2014 (A)
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PETITIONER :
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SHIBU.R., AGED 43 YEARS,
S/O.RAMAKRISHNAN, SHRAVANAM,
CHEMPAZANTHY P.O., TRIVANDRUM - 695 587.
BY ADVS.SRI.M.R.SUDHEENDRAN
SRI.S.I.SHAH
RESPONDENTS :
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1. THE COMMISSIONER OF POLICE, TRIVANDRUM-695 001.
2. CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION,
TRIVANDRUM-695 001.
3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,
TRIVANDRUM-695 001.
4. SUNIL KUMAR V., AGED 44 YEARS, S/O.VISWANATHAN NIAR,
ANNAPOORESWARI, SADNAM, PATTANIKUNNU LANE,
SASTHAMANGALAM P.O., TRIVANDRUM-695 001.
R1 TO R3 BY SPL.GOVERNMENT PLEADER, SRI.SUJITH MATHEW JOSE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11610 of 2014 (A)
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APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE ORDER DATED 31.07.2013 IN OP(ARB) No.186/2013
& 199/2013.
EXT.P2 : TRUE COPY OF THE COMPLAINT IN OS 764/2014 OF MUNSIFF COURT,
TRIVANDRUM.
EXT.P3 : TRUE COPY OF THE ORDER DATED 11.04.2014 IN IA NO.3295/2014
IN OS NO.764/2014.
EXT.P4 : TRUE COPY OF THE COMPLAINT SENT ON 18.04.2014.
RESPONDENTS' EXHIBITS:
NIL
/TRUE COPY/
PA TO JUDGE
MANJULA CHELLUR, C.J. & P.V. ASHA, J.
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W.P.(C) No. 11610 OF 2014
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Dated this the 22nd day of May, 2014
JUDGMENT
Manjula Chellur, C.J.
On going through the contents of writ petition and the documents filed in support of the writ petition and from the submissions of petitioner's counsel and Government Pleader what we notice, there are civil disputes pertaining to the partnership business of the petitioner and 4th respondent. However, petitioner claims to be running educational institution by name "ASPIRANT" apart from partnership business called 'ZEPHYR'. So far as partnership business, the arbitration proceedings initiated came to an end. Petitioner claims, by virtue of final orders pertaining to arbitration, the property where educational institution being conducted has been alloted to petitioner. However, between the parties to the arbitration, there seems to be some disputes.
2. If any of the parties are aggrieved by the orders of the District and Sessions Court, they are at liberty to challenge the said proceedings. Unless some crime is WP(C) No. 11610 of 2014 -:2:- committed by the petitioner, we fail to understand what makes the police to interfere with the institution run by the petitioner. Even otherwise, if the building where academic coaching centre is being conducted by the petitioner belongs to someone else, Police have no jurisdiction to entertain such matter asking the petitioner to vacate the premises. It is for the person who is interested in the property to take proper recourse to evict the petitioner from the premises. However, learned Government Pleader submits, Police have never intended to threaten the petitioner to vacate the premises which is in his occupation or they have no such intention to do so.
Placing the above submission on record, we close the Writ Petition.
Manjula Chellur, Chief Justice.
P.V. Asha, Judge.
ttb/22/05 WP(C) No. 11610 of 2014 -:3:-