Gireesh Muraleedharan vs. The District Police Officer - Kerala High Court, 27 July 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUE AY, 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, KAKKANAD, ERNAKULAM, PIN 682 021

WP(C) NO. 8080 OF 2020 -2- 3 SHINDO, CIVIL POLICE OFFICER, OFFICE OF ASSISTANT COMMISSIOENR OF POLICE, THRIKKAKARA, KAKKANAD, PIN 682 021 4 GOPALA BIJU KRISHNAN, AGED 47 YEARS S/O. GOPALAKRISHNAN, RESIDING AT H.NO. 107.DREE FLOWER ORIANDO, JANATHA ROAD, MANJUMMAL, ERNAKULAM DISTRICT, PIN 683501 5 STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 1 BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 8080 OF 2020 -3- P.V.KUNHIKRISHNAN,J. =============================== W.P.(C) No.8080 of 2020 =============================== Dated this the 27th day of July, 2021 JUDGMENT Above writ petition is filed with the following prayers:- “i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondents and police under them desist from harassing and humiliating the petitioners in any manner what so ever in connection therewith as well as meddle with tier business/employment and insisting to execute agreement for money or issuance of cheque in any manner what so ever.

ii) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to inquire into the illegal interference and human right violation perpetrated by 2nd and 3rd respondents in the interest of securing the ends of justice.”

When this writ petition came up for consideration on 16.03.2020 this Court passed the following order:- “Urgent notice to 3rd and 4th respondents by speed post. The learned Government Pleader takes notice for others. The police shall not intervene in dispute between the petitioner and the 4th respondent.”

WP(C) NO. 8080 OF 2020 -4-

Today when the matter came up for consideration, learned counsel for the petitioners reiterated his contention in the writ petition. Learned counsel for the petitioners submitted that at the instance of the 4th respondent, the police is harassing the petitioners.

The learned counsel for the 4th respondent submitted that, the allegation in the writ petition are absolutely incorrect. The counsel submitted that, there is some dispute about the business between the petitioners and the 4th respondent and a suit is also pending before the Civil Court. Learned counsel submitted that, under the guise of the police harassment, the petitioners are trying to take advantage.

The learned Government Pleader submitted that the allegation of police harassment is absolutely incorrect. A complaint is received from the 4th respondent against the petitioners and only a petition enquiry was conducted. Absolutely, there

WP(C) NO. 8080 OF 2020 -5- is no police harassment. The learned Government Pleader submitted that, if any complaint is received against the petitioners, which make out criminal offences, police may be allowed to do in accordance with law. After hearing both sides this writ petition is disposed of in the following manner:- (i) The police shall not interfere in the dispute between the petitioners and the 4th respondent. (ii) All the contentions of the petitioners and the 4th respondent before the Civil Court are left open. (iii) I make it clear that, if any criminal offence is committed by the petitioners or the 4th respondent, the police will do the needful in accordance with law. P.V.KUNHIKRISHNAN JUDGE hmh

WP(C) NO. 8080 OF 2020 -6- APPENDIX OF WP(C) 8080/2020 PETITIONER EXHIBITS EXHIBIT P1OF THE LATEST TRADE LICENCE ISSUED BY THE MARADU MUNICIPALITY, DATED 17-04-2019 EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE, HAVING REGISTRATION NO. 32AQTPM3970AIZV STANDS IN THE TRADE NAME OF MRC MOTORS. EXHIBIT P3OF THE AGREEMENT DATED 20-08- 2018 ENTERED BETWEEN THE 1ST PETITIONER AND 4TH RESPONDENT EXHIBIT P4OF THE LETTER ISSUED NOC BY THE 4TH RESPONDENT TO THE SECRETARY MARADU MUNICIPALITY TO CANCEL LICENCE IN HIS NAME AND ISSUE LICENCE IN THE NAME OF 1ST PETITIONER. EXHIBIT P5OF THE GST REGISTRATION CERTIFICATE, HAVING REGISTRATION NO. 32AQTPM3970AIZV STANDS IN THE TRADE NAME OF NEW MERC MOTORS. EXHIBIT P6OF THE TRADE LICENCE ISSUED BY THE MARADU MUNICIPALITY, DATED 14-09- 2018. RESPONDENT'S EXHIBITS NIL