Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No. 2055 of 2018 F
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PETITIONER:
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SIRAJUDHEEN ILLATHODI,
S/O.ABDURAHIMAN, SUHARA MANZIL, EDAKKARA, NILAMBUR
TALUK, MALAPPURAM DISTRICT.
BY ADV.SRI.K.RAKESH
RESPONDENTS:
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1. DISTRICT POLICE CHIEF, MALAPPURAM,
PIN-676505.
2. THE DISTRICT POLICE CHIEF,
KOZHIKKODE, PIN-673101.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322.
4. THE CIRCLE INSPECTOR OF POLICE,
WANDOOR, MALAPPURAM DISTRICT, PIN-679328.
5. THE CIRCLE INSPECTOR OF POLICE,
NILAMBUR, MALAPPURAM DISTRICT, PIN-679329.
6. MURALEEDHARAN @ I.T.MURALI,
S/O.EZHUTHACHAN, NADUVATH P.O., WANDOOR, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN-679328.
7. THAIKKANDI FAIZAL,
EDAKKARA P.O., EDAKKARA, MALAPPURAM DISTRICT, PIN-679331.
8. BABU,
PROPRIETOR, MARGIN FREE SUPERMARKET, EDAKKARA P.O.,
MALAPPURAM DISTRICT, PIN-679331.
9. THASNEEM,
PROPRIETOR, MARGIN FREE SUPERMARKET, EDAKKARA P.O.,
MALAPPURAM DISTRICT, PIN-679331.
WP(C).No. 2055 of 2018 F
10. THE ALL KERALA DISTRIBUTORS' ASSOCIATION,
GOLDEN CHAMBER BUILDING, KANDAMKULAM ROAD, KOZHIKODE,
PIN-673002, REPRESENTED BY ITS GENERAL SECRETARY.
R1-R5 BY SR GOVERNMENT PLEADER SRI P P THAJUDDIN
RADDL. BY ADV. SRI.MADHU RADHAKRISHNAN
R6-R10 BY ADV. SRI. JOSE GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2055 of 2018 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1- TRUE COPY OF THE GST REGISTRATION CERTIFICATE
OF THE PETITIONER DATED 23/11/2017.
EXHIBIT P2- TRUE COPY OF THE LETTER OF APPOINTMENT AS
AUTHORISED WHOLESALER OF BIL DATED 06/12/2017.
EXHIBIT P3- TRUE COPY OF THE D & O LICENCE ISSUED BY THE
EDAKKARA GRAMA PANCHAYATH DATED 22/11/2017.
EXHIBIT P4- TRUE COPY OF THE F.I.R. IN CRIME NO.308/2017 OF THE
EDAKKARA POLICE STATION DATED 14/12/2017.
EXHIBIT P5- TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT DATED
10/01/2018.
EXHIBIT P6- TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT
DATED 10/01/2018.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JDUGE
jma
K. Vinod Chandran & Ashok Menon, JJ
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W.P(C) No.2055 of 2018 F
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Dated this the 12th day of February, 2018
J U D G M E N T K. Vinod Chandran, J
The petitioner was appointed as the wholesale dealer of the additional 11th respondent company for the Districts of Malappuram and Kozhikode. The erstwhile dealer of the said District, the 6th respondent along with respondents 7 to 9 at the aegis of the 10th respondent is said to have perpetrated violence in the premises of the petitioner for reason of the enmity in having taken the wholesale dealership which earlier was with the 6th respondent. The additional 11th respondent confirms that the earlier dealership was with the 6th respondent, which was terminated and then the petitioner appointed.
2.The learned Senior Government Pleader, on instruction submits that after the incident; said to have W.P(C) No.2055/2018 : 2 : occurred in the premises of the petitioner, against which an FIR was registered at Ext.P4; There is no such incident reported from Kozhikode or Malappuram. The respondents 6 to 10 despite notice has not responded. In the circumstances, we are of the opinion that if at any point a complaint is received from the petitioner as to any obstruction caused to the business of the petitioner or any cognizable offence by either of the respondents 6 to 10, or all of them together, then, the Police shall take expeditious action to avert the same. Writ petition is allowed. No costs. K. Vinod Chandran, Judge Ashok Menon, Judge jma ////
