Shameer Mohammed .M vs. Deputy Superintendent Of Police
Held
The Court made the interim order, which directed the police to ensure no law and order problem arises due to the dispute, absolute. It clarified that any dispute regarding the property and shop room shall be adjudicated in the civil court.
Facts
The petitioners sought police protection to conduct their business, Nisha Agencies, from interference by the 3rd respondent, their paternal uncle. The 3rd respondent had raised a claim on the business after the petitioners' father's death and filed a civil suit before the vacation court.
Key Issues
The key legal issue was whether the petitioners were entitled to police protection to ensure smooth conduct of their business against interference from a family member, pending adjudication of a civil dispute over the business.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 26TH DAY OF JULY 2024 / 4TH SRAVANA, 1946 WP(C) NO. 11553 OF 2021 PETITIONERS: 1 SHAMEER MOHAMMED .M AGED 33 YEARS S/O LATE ABDUL MUTHALIF, NMC 12/554/B, ALUMMOOD, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121. 2 SHABEER ALI, AGED 31 YEARS S/O LATE ABDUL MUTHALIF, NMC 12/554/B, ALUMMOOD, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121. BY ADV LATHEESH SEBASTIAN RESPONDENT/S: 1 DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695 121. 2 STATION HOUSE OFFICER, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 121. 3 S. NOOR MUHAMMED, S/O SAYED MUHAAMMED, 10B/2/1/31, MELA PUTHU STRET, KOTTAR, NAGAR KOLI, TAMIL NADU-629 001. OTHER PRESENT: SR GP SRI. BIMAL K. NATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 11553/2021 -2- JUDGMENT (Dated this the 26th day of the July 2024) The petitioner approached this Court for a direction to respondents 1 and 2 to provide adequate and effective police protection to the petitioners in cond
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