Writs filed by Muthoot entities seeking police protection due to nearby strike threats. The court observed pending facts and directed police to intervene only if obstruction arises.
Police shall intervene and ensure adequate protection if any threat or obstruction is caused to the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.268 OF 2020(G)
PETITIONER:
MUTHOOT VEHICLE AND ASSET FINANCE LIMITED BRANCH OFFICE, 3RD FLOOR, NIRMALA BUILDING, OPPOSITE LETHA THEATRE, MUVATTUPUZHA REP. BY ITS MANAGER JAYAN R., S/O.K.RAMAN PILLAI, AGED 54 YEARS, HOUSE NO.36, K.T.JACOB NAGAR HOUSING BOARD, MUVATTUPUZHA, ERNAKULAM.
BY ADV. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:
1 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014.
R1-3 BY SRI.ANISH JAIN, CGC R5 BY ADV. SRI.T.A.SHAJI (SR.) R5 BY ADV. SRI.S.ABHILASH VISHNU R5 BY ADV. SHRI.NIKHIL SUNNY MOOKEN
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
2
R5 BY ADV. SRI.ATHUL SHAJI
SR GP ADV. SRI.P P THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).272/2020(H), WP(C).273/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.272 OF 2020(H)
PETITIONER:
MUTHOOT VEHICLE AND ASSET FINANCE LIMITED, BRANCH OFFICE, 2ND FLOOR, MIDHUN TOWERS, K.P. VALLON ROAD, KOCHI,. REP. BY ITS LAISON OFFICER, RADHAKRISHANAN S.R., S/O A. SIVADASAN, AGED 48 YEARS, GEETHA BHAVAN, CHETTIKULANGARA, TRIVANDRUM.
BY ADV. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
4
SRP ADV.SRI. P P THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).273/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.273 OF 2020(H)
PETITIONERS:
M/S MUTHOOT INSURANCE BROKERS PRIVATE LIMITED CORPORATE OFFICE, 3RD FLOOR, MIDHUN TOWERS, K.P.VALLON ROAD, KOCHI, REP.BY ITS CHIEF MANAGER ANTONY BIJOY MENDEZ, S/O JUSTIN MENDEZ, AGED 38 YEARS, CHERUPUNATHIL HOUSE, BREEZE COTTAGE, PERUMANOOR, ERNAKULAM.
BY ADV. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
6
SR GP ADV. SRI.P P THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).272/2020(H), WP(C).276/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941
WP(C).No.276 OF 2020(H)
PETITIONER:
M/S MUTHOOT VEHICLE AND ASSET FINANCE LIMITED, BRANCH OFFICE, 2ND FLOOR, MAHIMA TOWER, TEMBLE BYPASS ROAD, THODUPUZHA, REP. BY ITS MANAGER BIJU ANTONY, S/O ANTONY ARACKAL, AGED 39 YEARS, ARACKAL HOUSE, KOZHIPPILLY P.O., KOTHAMANGALAM, ERNAKULAM.
BY ADV. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:
THIRUVANANTHAPURAM - 695 014.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, ALONG WITH WP(C).268/2020(G), WP(C).272/2020(H), WP(C).273/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
8
JUDGMENT
Dated this the 27th day of January 2020
The petitioners in these writ petitions are M/S.Muthoot Vehicle
and Asset Finance Ltd. The petitioners submitted that they were distinct concern and entity. It was also submitted that the petitioners' office happened to be in the same building where the Muthoot Finance operates. Moreover, the petitioners have no connection with M/s. Muthoot Finance. They are different legal entities and are having different types of service. However, on account of strike in M/S.Muthoot Finance, there is a threat to the smooth functioning of the petitioners' office.
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
9
strike in M/s. Muthoot Finance.
matters, this Court is of the view that as and when any threat or obstruction being caused to the petitioners, the police shall intervene and ensure adequate police protection to the petitioners for the smooth functioning of their offices.
The writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SAS/27/01/2020
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
10
APPENDIX OF WP(C) 268/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES. |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 30.9.2019 IN WPC NO 25564/2019 |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT DATED 16.10.2019 IN WPC NO 24459/2019 |
| EXHIBIT P5 | TRUE COPY OF COMPLAINT DATED 3.1.2020 FILED BEFORE THE 2ND RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT |
| RESPONDENTS' EXHIBITS:- | NIL |
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
11
APPENDIX OF WP(C) 272/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES. |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 30-09-2019 IN WPC NO. 25564/2019. |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT DATED 16-10-2019 IN WPC NO. 24459/2019. |
| EXHIBIT P5 | TRUE COPY OF THE COMPLAINT DATED 06-01-2020 FILED BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. |
| RESPONDENTS' EXHIBITS:- | NIL |
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
12
APPENDIX OF WP(C) 273/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY REGISTRAR OF COMPANIES. EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED BY IRDA EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.9.2019 IN WPC NO 25564/2019 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16.10.2019 IN WPC NO 24459/2019 EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 30.1.2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS:NIL
[ WP(C).268/2020, WP(C).272/2020, WP(C).273/2020, WP(C).276/2020 ]
13
APPENDIX OF WP(C) 276/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY RESERVE BANK OF INDIA. EXHIBIT P2 TRUE COPY OF CERTIFICATE OF INCORPORATION CONSEQUENT TO CHANGE OF NAME ISSUED BY REGISTRAR OF COMPANIES. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30-09-2019 IN WPC NO. 25564/2019. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16-10-2019 IN WPC NO. 24459/2019. EXHIBIT P5 TRUE COPY OF COMPLAINT FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE
2 issues framed by the court
Whether police protection is necessary for petitioners due to strike obstruction threat at nearby Muthoot Finance
Whether any threat or obstruction is currently being caused to the petitioners during the strike
Muthoot Vehicle and Asset Finance Limited
State Police Chief
Deputy Superintendent of Police
Station House Officer, Muvattupuzha
Non Banking and Private Finance Employees Association
Center of Indian Trade Union Kerala
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
