Allowed

K.Rukhiya, v. District Superintendent of Police

Kerala HC6 Jun 2019WP(C)/9375/2019

Case brief

AI extract

What is this about?

In this writ petition appeal, the High Court of Kerala allowed the petition. The Court held that the additional 7th respondent has no independent rights to infer since the Single Judge dismissed the appeal filed by the respondents. Consequently, any obstruction to the canteen would warrant police protection, and the writ petition is allowed on these terms.

What did the court decide?

Writ petition allowed on terms that if any obstruction is caused to the carrying on of the canteen, there would be police protection afforded.

K.Rukhiya, Vs District Superintendent of Police — Kerala HC (2019) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941

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WP(C).No. 9375 of 2019

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PETITIONER/S:

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K.RUKHIYA, AGED 52 YEARS W/O.IBRAHIM, KUNNAPPULLY HOUSE, AKALUR P.O., OLD LAKKIDI, OTTAPPALAM.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT/S:

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1 DISTRICT SUPERINTENDENT OF POLICE,

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PALAKKAD - 678 001.

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2 CIRCLE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD - 678 001.

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3 STATION HOUSE OFFICER, TOWN SOUTH POLICE STATION, PALAKKAD - 678 001.

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4 THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD, PIN - 678 001.

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5 THE SECRETARY, DISTRICT PANCHAYATH, PALAKKAD, PIN - 678 001.

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6 R.GANGADHARAN, PERUMBARATHULLA, KOZHINJAMPARA P.O., PALAKKAD, PIN - 678 555.

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7 ADDL.R7.SWEET CANTEEN AND CATERING KUDUMBASREE UNIT, KINASSERY, KANNADY, PALAKKAD DISTRICT, REPRESENTED BY ITS PRESIDENT SALEENA AGED 42 YEARS, W/O SAJAR,

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WP(C).No. 9375 of 2019

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RESIDING AT NADUVAKKADU, KINASSERY.P.O, KANNADI, PALAKKAD DISTRICT. ADDL.R7 IMPLEADED AS PER ORDER DATED 21.05.2019 IN IA.NO.1/2019 IN W.P.C.9375/19.

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BY ADV. SRI.BABY MATHEW SR.PP. SRI.P.P.THAJUDHEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9375 of 2019

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JUDGMENT

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K.Vinod Chandran,J.

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In the context of the appeal filed by the

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respondents from the judgment of the learned Single Judge dated 18.01.2019 having been dismissed, there is no reason to infer any rights on the additional 7^th respondent. In such circumstances, if any obstruction is

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caused to the carrying on of the canteen, there would be police protection afforded.

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The writ petition would stand allowed on

the said terms.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

V.G.ARUN

SB/06/06/2019

JUDGE

WP(C).No. 9375 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY NO.27240/1	OF THE JUDGMENT IN W.P.(C) 8.
EXHIBIT P2	TRUE COPY RESPONDENT	OF THE PROCEEDINGS OF THE 4TH .
EXHIBIT P3	TRUE COPY RECEIPT OF	OF THE ACKNOWLEDGMENT FOR THE THE MONEY DATED 1/3/2019.
EXHIBIT P4	TRUE COPY PETITIONER	OF THE AGREEMENT EXECUTED BY THE DATED 6/3/2019.
EXHIBIT P5	TRUE COPY ISSUED BY	OF THE ORDER DATED 11/2/2019, THE SUPERINTENDENT.
EXHIBIT P6	TRUE COPY SUPERINTEN	OF THE COMMUNICATION ISSUED BY THE DENT DATED 21/2/2019.
EXHIBIT P7	TRUE COPY SWEET CANT	OF THE REVIEW PETITION FILED BY EEN AND CATERING.
EXHIBIT P8	TRUE COPY BY THE SWE MARCH,2019	OF THE ADDITIONAL AFFIDAVIT FILED ET CANTEEN AND CATERING ON 6TH .
EXHIBIT P9	TRUE COPY	OF THE ORDER DATED 26/2/2019.
EXHIBIT P10	TRUE COPY ISSUED BY	OF THE ORDER DATED 1/3/2019, THE 4TH RESPONDENT.
EXHIBIT P11	PETITION F 20/3/2019.	ILED BY THE PETITIONER DATED
EXHIBIT P12	RECEIPT IS 20/3/2019.	SUED BY THE 4TH RESPONDENT DATED

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RESPONDENTS EXTS: NIL

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// TRUE COPY //

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P.A TO JUDGE

K.Rukhiya, v. District Superintendent of Police

Case brief

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K.Rukhiya, v. District Superintendent of Police

Case brief

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