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Santhosh vs State Of Kerala

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ. Heard the learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondents 4 and 5.
2. By this Writ Petition, the petitioner has prayed for a mandamus directing respondents 1 to 3 to afford adequate protection to the life of the petitioners from the harassment, threat and illegal acts on the part of respondents 4 and 5 and also to restrain respondents 4 and 5 from causing any illegal obstruction to the conduct of business by the petitioners in the shop room let out by the Kottarakkara Taluk Printing and Publishing Co-operative Society to them.
3. The learned counsel for the petitioner submits that there is already an injunction order passed by the Civil Court in favour of the petitioner in O.S. No. 144/2009. He also submits that the respondents have attempted to evict the petitioner from the help of the police.
4. Learned counsel for respondents 4 and 5 submit that the Society has now filed a suit No. 665 of 2014 which is pending consideration.
5. Learned Government Pleader submits that on the complaint filed by both the parties, crime has been registered and the police is investigating the case. He submits that there is a dispute between the parties regarding the shop room and police has no role with regard to the civil dispute between the parties.
6. In view of the facts as noted above, it appears that there is a serious dispute between the parties regarding the shop room which is pending before the civil court and there is already one order in favour of the petitioners as claimed by them. Parties are free to obtain such orders from the Civil Court. Crimes have been registered on the complaint of both the parties. It is for the police to investigate the same in accordance with the Code of Criminal Procedure. We see no reason to issue any direction at this stage. We only observe that the police should ensure that there is no law and order problem on the spot.
This Writ Petition is closed accordingly.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE ani/ Sd/- A.M.SHAFFIQUE, JUDGE
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Title

Santhosh vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Ajaya Kumar