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P.R.Ajayakumar vs Station House Officer Ranni Police Station

High Court Of Kerala|21 May, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
Petitioner is before this Court seeking following relief:
“ to issue a writ of mandamus or any other writ, order or direction, directing respondents 1 to 3 to render adequate and sufficient police protection to the petitioner's employees and to the office of Malanadu News Channel conducted by the petitioner, from illegal threat and obstruction by respondents 4 to 6 and their men.”
2. According to petitioner, he has taken a building belonging to the fifth respondent on lease. The premises was taken on lease for the purpose of running a news channel. The said building is on the third floor. After taking the premises on lease, petitioner had to complete the construction, as the building was half constructed at the time of taking it on lease. When he spent huge amounts for completing the construction, rent was fixed at the rate of ₹3,500/- per month with certain conditions. According to petitioner, subsequent to completion of the building, owner of building has WP(C).11699/14 2 demanded ₹6,000/- as rent and they further obstructed employees of petitioner to enter the building to run the programme. Therefore, they approached police. When they did not get any response, they have approached this Court.
3. By looking at the contents of petition itself, the cause of action pleaded by petitioner seems to be that though he is a tenant in possession of the building, his right to enjoy the premises along with his employees is interfered with, which is purely a civil right. If there is any dispute between the parties with regard to quantum of rent or term of lease or anything to do with the lease agreement, we fail to understand how such disputes could be resolved with interference of police. Petitioner has to establish his rights before a civil court. Unless crime is attempted or committed, respondent police shall not interfere with the civil rights of the parties.
With the above observation, the Writ Petition is disposed of keeping all contentions open.
MANJULA CHELLUR, CHIEF JUSTICE P.V.ASHA, JUDGE
vgs21.5.14
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Title

P.R.Ajayakumar vs Station House Officer Ranni Police Station

Court

High Court Of Kerala

JudgmentDate
21 May, 2014
Judges
  • Manjula Chellur
  • P V Asha
Advocates
  • V G Arun Sri
  • T R Harikumar
  • Sri Pious Jacob