Petitioner vindicated owner of godown for police protection against obstruction by respondents. Court denied writ under Article 226, ruling petitioner lacked locus standi as threat concerned tenant's commercial storage of dry ginger and turmeric, not landlord's rights. Petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
WP(C).No.1590 OF 2021(W)
PETITIONER :
KUNJUMUHAMMED AGED 65 YEARS S/O.ABOOBACKER, PUTHUSSERY HOUSE, MANJAPETTY, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN683105.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683542.
3 MUHAMMADALI, S/O.KOYANKUNJU, VADAKKETHI HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN-683105.
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6 HAMSA, S/O.BAVU, ASSERYPARAMBIL HOUSE, KUTHIRAPARAMBU, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN-683105. 7 BASHEER, S/O.IBRAHIMKUTTY, KUNNAPPILLY HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN683105. 8 RAHIM, S/O.SAIDALI, MUNDAKKAL VEETIL HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN683105. 9 KAREEM, S/O.SAIDALI, MUNDAKKAL VEETIL HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN683105. 10 NAVAS, C/O.SAIDU, MARANGATTUPARAMBIL, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN-683105. 11 NADERSHA, S/O.IBRAHIMKUTTY, KUTHIRAPARAMBIL HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN683105. 12 SAJEER, S/O.BEEVI, SANTHAPURATH HOUSE, MARAMBILLY P.O., ERNAKULAM DISTRICT, PIN-683105. R1-2 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B R3-12 BY ADV. SRI.K.N.ABHILASH R3-12 BY ADV. SRI.SUNIL NAIR PALAKKAT R3-12 BY ADV. SRI.M.A.AHAMMAD SAHEER R3-12 BY ADV. SRI.P.B.MUHAMMED AJEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the owner of a building, which is taken on lease by M/s.Olam Agro Pvt.Ltd, in October, 2020, for storing dry ginger and turmeric, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to provide adequate and effective police protection for loading and unloading activities in the said godown, from any obstruction being caused by respondents 3 to 12, for ingress and egress to that godown.
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deed executed by the said company with the petitioner is also not on record. When the loading and unloading activity in the godown in question is in connection with storage of dry ginger and turmeric by the said company, the petitioner, who is the landlord of that building, has no locus standi to file writ petition before this Court seeking police protection, alleging threat or obstruction caused by respondents 3 to 12.
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writ petition, in case there is inaction on the part of the said respondent in discharging his statutory duties.
In the above circumstances, the petitioner has absolutely no locus standi to file this writ petition. The writ petition fails for the aforesaid reason and the same is accordingly dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/10/3
WP(C).No.1590 OF 2021(W)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED TO THE PETITIONER DATED 11.05.2020. EXHIBIT P2 TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO RAHUL MALITHA DATED NIL. EXHIBIT P2(A) TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO SARIFUL.S.K DATED NIL. EXHIBIT P2(B) TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO HACHAN MONDAL DATED NIL. EXHIBIT P2(C) TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO SIRAJUL BISVAS DATED NIL. EXHIBIT P2(D) TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO MDWASEF ALI MONDAL DATED NIL. EXHIBIT P2(E) TRUE COPY OF THE MIGRANT LABOUR IDENTITY CARD ISSUED TO SAMIM MONDAL DATED NIL. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 07.01.2021 SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 07.01.2021.
2 issues framed by the court
Whether a landlord possessing a lease-deed has locus standi to seek police protection for a tenant's loading and unloading activities.
Whether the petitioner can seek writ intervention when the threat is to commercial activities conducted by a third-party tenant company.
1 provisions across 1 enactments
Kunjumuhammed
Deputy Superintendent of Police Perumbavoor
Muhammadali
Siyad
Nizar
Hamsa
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
