Judgment
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 conducting business in the name and style as Nisha Agencies at building bearing No.NMC 12/554B from the 3rd respondent and his associates.
2.
The 3rd respondent is the brother of the petitioners’ father. After the death of petitioners’ father, the 3rd respondent has raised a claim on the business activity of the petitioners, and he filed a suit before the vacation court, Thiruvananthapuram.
3.
The 3rd respondent is represented by Adv.Arun Chand and he submits that he wants to get instructions regarding the pendency of the suit.
4.
It is seen that an interim order was passed on 31.05.2021, directing the 2nd respondent to ensure that no law and order problem arises consequent to the dispute between the
WPC 11553/2021 -3- petitioners and the 3rd respondent. For the last 3 years, this writ petition has been lying without any further orders, and no counter affidavit has been filed by respondents.
Therefore, I deem it appropriate to dispose of this writ petition, making the interim order dated 31.05.2021 absolute. It is made clear that if there is any dispute between the parties in respect of the property and shop room, the same shall be adjudicated in the civil court.
Sd/- BASANT BALAJI JUDGE JS
WPC 11553/2021 -4- APPENDIX OF WP(C) 11553/2021 PETITIONER EXHIBITS Exhibit P1 TYPED COPY OF THE PARTNERSHIP DEED DATED 27.10.1988 Exhibit P2 TRUE COPY OF THE REGISTRATION UNDER THE KVAT ACT OF THE PARTNERSHIP FIRM Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PARTNERSHIP FIRM UNDER THE GST ACT Exhibit P4 TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONERS Exhibit P5 TYPED COPY OF THE LAWYER NOTICE OF THE 3RD RESPONDENT DATED 30.1.2021 Exhibit P6 TYPED COPY OF THE REPLY OF THE PETITIONERS DATED 12.2.2021 Exhibit P7 TYPED COPY OF THE PLAINT IN UNNUMBERED SUIT BY THE 3RD RESPONDENT BEFORE THE VACATION COURT, THIRUVANANTHAPURAM Exhibit P8 TYPED COPY OF THE TEMPORARY INJUNCTION FILED IN EXT P7 SUIT Exhibit P9 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS DATED 7.5.21 Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT