Gireesh Muraleedharan vs. The District Police Officer

WP(C)/8080/2020HC KeralaGSTCNR KLHC01020483202027 July 2021Bench: HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN6 pages
AI SummaryPartly Allowed

Held

The Court directed the police not to interfere in the civil dispute between the petitioners and the 4th respondent, explicitly stating that all contentions in the pending civil suit remain open. However, it clarified that the police are free to act in accordance with law if any criminal offence is committed by either party.

Facts

The petitioners, associated with M/s. M. R. C Motors, sought a writ to prevent police harassment and interference in their business, alleging that the police were acting at the behest of the 4th respondent due to a business dispute. The 4th respondent claimed a civil suit was pending, and the police stated they only conducted a petition enquiry.

Key Issues

The key legal issue was whether the police were illegally interfering in a civil/business dispute between the petitioners and the 4th respondent, and if so, whether they should be restrained from such interference.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943 WP(C) NO. 8080 OF 2020 PETITIONERS: 1 GIREESH MURALEEDHARAN AGED 44 YEARS S/O. MURALEEDHARAN N.K PROPRIETOR, M/S. M. R. C MTORS AND SERVICES PVT LTD D. NO. 27/221, N.H 47 NEAR INTUC JUNCTION, VYTTILA, AROOR BYE PASS , NETTUR P.O, MARADU VILLAGE, KANAYANNUR TALUK, KOCHI, ERNAKULAM DISTRICT, PIN 682 304. 2 SUNU SREENIVASAN, AGED 40 YEARS S/O. SREENIVASAN, SUPERVISOR, M/S. M R C MOTORS AND SERVICES PVT. LTD, D. NO. IX/423, N.H 47 NEAR INTUC JUNCTION, VYTTILA, AROOR BYE PASS , NETTUR P.O, MARADU VILLAGE, KANAYANNUR TALUK, KOCHI , ERNAKULAM DISTRICT, PIN 682 304. 3 LINTY WINTER, AGED 29 YEARS W/O. WINTER, N.K ACCOUNTANT. M/S. M R C MOTORS AND SERVICES PVT LTD, D. NO. IX/423, N.H 47 NEAR INTUC JUNCTION, VYTTILA, AROOR BYE PASS , NETTUR P.O, MARADU VILLAGE, KANAYANNUR TALUK, KOCHI , ERNAKULAM DISTRICT, PIN 682 304. BY ADV R.O.MUHAMED SHEMEEM RESPONDENTS: 1 THE DISTRICT POLICE OFFICER THRIKKAKARA POLICE STATION, KAKKANAD, ERNAKULAM 2 THE ASSISTANT POLICE COMMISSIONER, OFFICE OF ASSISTANT COMMISSIONER OF POLICE, THRIKKARA, KAKKANA

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