Abdu Rahiman vs. The District Police Chief

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WP(C)/27894/2021HC KeralaGSTCNR KLHC01069794202110 December 2021Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN7 pages
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Facts

The petitioner, Abdu Rahiman, operates a retail hardware business named 'Steal Palace'. He had permitted his friend, Shamsudeen, to conduct a steel and iron retail trading business in the same premises. Following Shamsudeen's demise, the petitioner claims to have supported his family. However, the party respondents, who allegedly formed an association, began making demands on the petitioner. The petitioner alleges that these demands led to threats and intimidation, including threats of a 'dharna' and obstruction of his business. He sought police protection from the Station House Officer, Vadakara Police Station, but no action was taken, prompting him to file a writ petition before the High Court.

Held

The Court held that the disputes between the petitioner and the party respondents were purely factual and civil in nature, falling outside the scope of intervention under Article 226 of the Constitution. The Court noted that if any agreement existed between the petitioner and the family of the deceased Shamsudeen, the party respondents or the legal heirs were at liberty to pursue their remedies through appropriate legal channels. However, the Court emphasized that they could not take the law into their own hands or cause obstruction or threats to the petitioner or his employees. The Court allowed the writ petition, confirming its interim order dated December 6, 2021. It directed the Station House Officer to continue to ensure law and order is maintained and that no breach of peace is committed by the party respondents or their associates. The Court clarified that these directions would not impede the party respondents from pursuing any legal remedies they may be entitled to against the petitioner.

Key Issues

1. Whether the Court, under Article 226 of the Constitution of India, can intervene in disputes that are purely factual and civil in nature, particularly when police protection is sought? The petitioner argued that he was being harassed and threatened by the party respondents, necessitating police intervention and protection for his business. He contended that the Station House Officer failed to act on his request for protection. The party respondents argued that the petitioner's allegations were mala fide and incorrect. They claimed the petitioner had agreed to pay Rs. 12,00,000/- to the family of the deceased Shamsudeen, having taken over his business, and was now attempting to resile from this agreement by filing the writ petition under the guise of seeking police protection. The official respondents submitted that the police cannot intervene in civil disputes and had complied with an interim order of the Court by providing protection to the petitioner, evidenced by the absence of untoward incidents.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 10TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943 WP(C) NO. 27894 OF 2021 PETITIONER: ABDU RAHIMAN, AGED 50 YEARS, S/O.PARABATHU CHEKUTTY, PARAMBATHU VEEDU, THIRUVALOOR AMSAM DESAM, VADAKKARA, KOZHIKODE. BY ADVS.M.V.THAMBAN R.REJI THARA THAMBAN B.BIPIN ARUN BOSE SUNEESH KUMAR R. RESPONDENTS: 1 THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL, VADAKARA (PO), KOZHIKODE DISTRICT, PIN-673104. 2 THE DEPUTY SUPERINTENDENT OF POLICE, VADAKARA (PO), KOZHIKODE DISTRICT, PIN-673104. 3 THE STATION HOUSE OFFICER, VADAKARA POLICE STATION, VADAKARA (PO), KOZHIKODE DISTRICT, PIN-673104. 4 PANACHIKKAL MOIDU, MAMBAYIL VEEDU, THIRUVALOOR AMSAM DESAM, VADAKARA, KOZHIKODE, PIN-673541. 5 KUNHAMMED MASTER, S/O. ABDULLA PANACHIKKAL, PANICHIKKAL VEEDU, THIRUVALOOR AMSAM DESAM, VADAKARA, KOZHIKODE, PIN-673541. 6 JAMMAL, S/O.MOIDU HAJI, MADATHIL KUNIYIL VEEDU, THIRUVALOOR AMSAM DESAM, VADAKARA, KOZHIKODE, PIN-673541. BY ADVS.CIBI C.CHEERAN M.GIRIJA VALLABHAN SRI. E.C. BINEESH .G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27894 OF 2021 -2-

JUDGMENT The petitioner says that he is engaged in retail sale of hardware under the name 'Steal Palace'; and that in the same room, he had allowed his friend Sri.Shamsudeen, to operate his own business in steel and iron retail trading.

2.

The petitioner says that Sri.Shamsudeen unfortunately succumbed to cancer and that, though he supported his family thereafter, the party respondents, who claims to have formed themselves into an association, have started making untenable demands against him, which he could not accede to. He asserts that consequent thereto, the party respondents began to mete out threats and intimidation to him and threatened him that they will conduct 'dharna' and obstruct his business, which compelled him to prefer Ext.P4 request before the 3rd respondent – Station House Officer,

WP(C) NO. 27894 OF 2021 -3- seeking protection; but that since no action was taken thereon, he has been left without any other option but to approach this Court through this writ petition.

3.

The afore submissions made on behalf of the petitioner by his learned counsel - Sri.R.Suneesh Kumar, were vehemently opposed by Sri.Cibi C.Cheeran – learned counsel appearing for respondents 4 to 6, saying that all the allegations imputed against his clients are incorrect and made with extreme mala fides. He added that his clients are acting bona fide to help the family of late Shamsudeen; and that petitioner himself had offered to pay them Rs.12,00,000/-, acceding that he had taken over his business after his death. He submitted that petitioner is now attempting to resile from this agreement, by filing this writ petition to obtain orders styling it as a 'police protection' matter.

WP(C) NO. 27894 OF 2021 -4- He, therefore, prayed that this writ petition be dismissed.

4.

Sri.E.C.Bineesh – learned Government Pleader appearing for the official respondents, submitted that Police cannot and have not intervened into the disputes between the parties which are squarely in the realm of civil law; but have complied with the interim order of this Court dated 06.12.2021 and have afforded adequate protection

to the petitioner

and his establishment. He submitted that this is manifest from the fact that no untoward incidents have been reported thereafter.

5.

When the afore rival contentions are evaluated, it is evident that, on one hand the petitioner says that he is being harassed by the party respondents; while, on the other, the latter says that petitioner is resiling from the agreement which he had entered with them to pay

WP(C) NO. 27894 OF 2021 -5- Rs.12,00,000/- to the family of late Shamsudeen. Obviously, these disputations are purely factual in nature, into which this Court cannot enter, while acting under Article 226 of the Constitution of India.

6.

Suffice to say, if any agreement has been entered into by the petitioner, or he has made any promise to the family of late Shamsudeen, it is upto the party respondents and his legal heirs to pursue it in terms of law and to obtain necessary orders; however, they cannot take law into their own hands or cause any obstruction to the establishment of the petitioner or mete out threats to him or his employees. In the afore perspective, I allow this writ petition and confirm the interim order dated 06.12.2021; with a consequential direction to the 3rd respondent – Station House Officer, to act as per its terms in future and ensure that law and WP(C) NO. 27894 OF 2021 -6- order is always maintained, without any breach of peace being allowed to be committed by the party respondents or their men. As far as the party respondents or the legal heirs of late Shamsudeen are concerned, they are left at full liberty to invoke any legal remedy which they may be entitled to against the petitioner; for which purpose, I clarify that the afore directions will not be a bar or fetter in any manner. DEVAN RAMACHANDRAN JUDGE akv

WP(C) NO. 27894 OF 2021 -7-

Appendix — schedule of exhibits
APPENDIX OF WP(C) 27894/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENSE BEARING NO.C5- 118/2021-2022 DATED 17.9.2021. EXHIBIT P2 TRUE COPY OF THE FORM GSTR-3B IN THE NAME OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE RENT AGREEMENT DATED 13.7.2020. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 5.12.2021 FILED BEFORE THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 5.12.2021. RESPONDENT'S/S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.