Mohammed Roshan vs. The State Of Kerala
Held
The High Court held that the petitioner, being the registered proprietor with valid licenses from various statutory authorities, had the right to run his business without interference. It made the interim order for police protection absolute, directing the police to ensure law and order and provide adequate protection to the petitioner to run his business if any obstruction is caused by the 4th respondent.
Facts
The petitioner, proprietor of 'Ayush Industries', sought police protection against the 4th respondent, a former manager and relative, who was allegedly obstructing his business operations after his authorization was cancelled. The 4th respondent claimed to be a partner in the business and asserted that the property sale deed was merely security for a loan, not an outright sale.
Key Issues
The key legal issues were whether the 4th respondent had any right to obstruct the petitioner's business, given the petitioner's proprietary status and licenses, and whether the police were obligated to provide protection against such obstruction.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 2147 OF 2024 PETITIONER: MOHAMMED ROSHAN AGED 27 YEARS S/O. NOUSHAD, PROPRIETOR AYUSH INDUSTRIES, KUTTIYILMUKKU, VENGA MURI, MYNAGAPALLY VILLAGE, KOLLAM. RESIDING AT PADIYATHU GULROSH, VETTILATHAZHAM.P.O., DECENT MUKKU, KOLLAM, PIN - 691577 BY ADVS. S.SREEKUMAR (KOLLAM) NAMITHA RAJESH RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, KOLLAM, PIN - 690521 3 THE SUPERINTENDENT OF POLICE KOLLAM RURAL, KOTTARAKARA, KOLLAM, PIN - 691506 4 SUBAIR KUTTY H AGED 65 YEARS S/O. HAMEED KUTTY, RESIDING AT RAHIYA MANZIL, VENGAMURI, VENGA P .O., SASTHAMCOTTA , KOLLAM, PIN - 690521 BY ADVS. S.MUHAMMED HANEEFF M.H.ASIF ALI(K/000732/2016) ARAVIND T RAMESH(K/000993/2016)
WP(C) NO. 2147 OF 2024 2 RAJANA JOSE(K/1696/2022) SMT C S SHEEJA, SR. GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2147 OF 2024 3 JUDGMENT The pet
The judgment continues below.
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