Dismissed

National Energy and Waste Management Co-Operative Multipurpose Society (Kerala) Ltd. NO.4484 v. State of Kerala

Kerala HC26 Jul 2023WP(C)/1497/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking police protection against a hostile group and registration of criminal cases. It upheld an interim order protecting a petitioner's life but clarified police cannot interfere in pending civil disputes regarding lease and possession. Petitioners were directed not to use the order to continue occupation and must cooperate with police inquiries.

What did the court decide?

Police shall protect the life of the 2nd petitioner upon complaint but not interfere in civil disputes; petitioners shall not use interim order to stay in building and shall cooperate with inquiry.

National Energy and Waste Management Co-Operative… — Property and Title | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 26^TH DAY OF JULY 2023 / 4TH SRAVANA, 1945

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WP(C) NO. 1497 OF 2023

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PETITIONERS:

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1 NATIONAL ENERGY AND WASTE MANAGEMENT CO-OPERATIVE MULTIPURPOSE SOCIETY (KERALA) LTD. NO.4484 DREAMLAND BULDING, KSRTC ROAD, CHALAKUDY P.O., THRISSUR - 680 307, REPRESENTED BY ITS CHAIRMAN, C.L. ANTO, AGED 71 YEARS, S/O. C.D. LASAR, INDU VILLA, I.Q. ROAD, CHALAKUDY, THRISSUR DISTRICT, PIN - 680307

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2 C.L. ANTO AGED 71 YEARS S/O. C.D. LASAR, INDU VILLA, I.Q. ROAD, CHALAKUDY, THRISSUR DISTRICT - 680307 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN ELSA DENNY PINDIS SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 STATE POLICE CHIEF POLICE HEAD QUARTERS, C.V. RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695001 3 SUPERINTENDENT OF POLICE (RURAL), AYYANTHOLE, COLLECTORATE, THRISSUR, PIN - 680003

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4 STATION HOUSE OFFICER

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WP(C) NO.1497 OF 2023

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CHALAKUDY POLICE STATION, THRISSUR DISTRICT, PIN - 680307

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5 C.L. VARGHESE AGED 65 YEARS,(FATHER'S NAME NOT KNOWN TO PETITIONER) CHOVARAKARAN HOUSE, KSRTC ROAD, CHALAKUDY P.O., THRISSUR DISTRICT - 680 307

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6 ANUP VARGHESE AGED 39 YEARS S/O. C.L. VARGHESE, AGED ABOUT 39 YEARS, CHOVARAKARAN HOUSE, KSRTC ROAD, CHALAKUDY P.O., THRISSUR DISTRICT - 680307

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7 ALPHY VARGHESE AGED 35 YEARS S/O. C.L. VARGHESE, AGED ABOUT 35 YEARS, CHOVARAKARAN HOUSE, KSRTC ROAD, CHALAKUDY P.O., THRISSUR DISTRICT - 680307 BY ADVS. P.K.SUBHASH CHINJO PAUL(K/000704/2012) RAVEENA K.R.(K/000681/2020)

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SRI. RAJEEV JYOTHISH GEORGE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.1497 OF 2023

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C)No.1497 of 2023

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---------------------------------------------Dated this the 26^th day of July, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“i) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 2 to 4 to give appropriate adequate and effective protection to the life and properties of petitioners, their staff and business activities, from respondents 5 to 7 and their men;

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ii) to issue a writ in the nature of mandamus or any other writ, order or direction, directing respondents 2 to 4 to consider Exts.P1, P3 and P5 complaints and register cases against respondents 5 to 7 and their men;

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iii) to grant such other reliefs as this Hon’ble Court may deem fit and proper in the

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WP(C) NO.1497 OF 2023

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circumstance of the case;

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iv) the petitioner also prays that this Hon’ble Court may be pleased to dispense with production of translated copies exhibits and documents produced in the case and are in vernacular language .”[SIC]

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The main prayer in this writ petition is to issue appropriate direction to respondents 2 to 4 to give adequate and effective protection to the life and properties of the petitioners, their staff and business activities, from respondents 5 to 7 and their men. When this writ petition came up for consideration on 17.01.2023, this Court passed the following order:

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“Admit.

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Issue notice to respondents 5 to 7 by special messenger.

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Post on 24/1/2023.

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The Station House Officer shall look into the complaint submitted by the petitioners and take appropriate steps on the same.”

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Thereafter, when the matter came up for

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WP(C) NO.1497 OF 2023

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consideration on 24.01.2023, this Court passed the following order:

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“If there is any threat to the life of the 2^nd petitioner and staff of the 1^st petitioner, the 4^th respondent will give adequate protection to the life of them, till next posting date.

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Post on 31/1/23.”

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The above interim order is in force even now. Today, the counsel appearing for respondents 5 to 7 submitted that the 2^nd petitioner is not vacating the premises and they are the landlords and the 2^nd petitioner is not even paying the rent taking advantage of the interim order. The learned Government Pleader after getting instructions submitted that the 2^nd petitioner is not co-operating to conduct an enquiry based on the complaint filed by the petitioners themselves. The Government Pleader also submitted that there is no law and order issue. If that be the case, I think this writ petition

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WP(C) NO.1497 OF 2023

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need not be retained. This writ petition itself can be disposed of retaining the interim order regarding the protection to life and granting liberty to the parties to approach the competent court to redress their other grievance.

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Therefore, this writ petition is disposed of in the following manner:

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i. If there is any threat to the life of the 2^nd petitioner, the 2^nd petitioner is free to approach the 4^th respondent and if such a complaint is received, the 4^th respondent will do the needful to see that the life of the 2^nd petitioner is protected from respondents 5 to 7 and their men. But I make it clear that the police shall not interfere in the civil dispute, if any, pending between the petitioners and respondents 5 to 7.

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ii. Petitioners shall not make use of the

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WP(C) NO.1497 OF 2023

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interim order to continue in the building and the same is to be redressed through competent court.

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iii. Petitioners shall co-operate with the 4^th respondent to inquire into the complaint submitted by the petitioners.

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iv. All the contentions raised by the petitioners and respondents 5 to 7 regarding the building and its possession are left open and the parties are free to agitate the same before the Civil court in accordance with law.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO.1497 OF 2023

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APPENDIX OF WP(C) 1497/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF COMPLAINT DTD. 04.08.2022 SUBMITTED BY PETITIONERS WITH 4THRESPONDENT

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EXHIBIT P2 TRUE COPY OF MEDICAL CERTIFICATE DTD. 11.08.2022 ISSUED FROM PAITHRUKAM HOSPITAL, AYROOR

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EXHIBIT P3 TRUE COPY OF COMPLAINT DTD. 30.08.2022 SUBMITTED WITH 3RD RESPONDENT

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EXHIBIT P4 TRUE COPY OF PHOTOGRAPHS

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EXHIBIT P5 TRUE COPY OF COMPLAINT DTD. 31.12.2022 SUBMITTED BY PETITIONER TO 4THRESPONDENT

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EXHIBIT P6 TRUE COPY OF NEWS PAPER REPORT DTD.08.01.2023 IN MATHRUBHOOMI DAILY

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EXHIBIT P7 . TRUE COPY OF FIRST INFORMATION REPORT NO.7 OF 2023 ON 04.01.2023

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EXHIBIT P8 TRUE COPY OF COMPLAINT DTD. 08.01.2023 SUBMITTED WITH 3RD RESPONDENT

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RESPONDENT EXHIBITS

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EXHIBIT R6(A) TRUE COPY OF THE RENT AGREEMENT DATED 6.6.2018 REGISTERED BEFORE THE SUB TREASURY CHALAKKUDY

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EXHIBIT R6(B) TRUE COPY OF THE RENT AGREEMENT DATED 20.6.2019 REGISTERED BEFORE

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WP(C) NO.1497 OF 2023

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THE SUB TREASURY CHALAKKUDY

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EXHIBIT R6(C) TRUE COPY OF ONE OF THE LETTERS ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT ASSURING THE PAYMENT OF RENT ARREARS DATED 22.6.2019

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EXHIBIT R6(D) TRUE COPY OF THE SALE DEED NO. 3240/2022/I DATED 18.11.2022 REGISTERED BEFORE THE SUB TREASURY CHALAKKUDY

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EXHIBIT R6(E) TRUE COPY OF THE LETTER DATED 16.3.2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT R6(F) TRUE COPY OF THE LEASE TERMINATION LETTER SENT BY THE 6TH RESPONDENT TO THE PETITIONER ALONG WITH THE POSTAL RECEIPT DATED 2.12.2022 EXHIBIT R6(G) TRUE COPY OF THE COMPLAINT PREFERRED BY THE 6TH RESPONDENT BEFORE DY.SP CHALAKKUDY DATED 15.12.2022

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EXHIBIT R6(H) TRUE COPY OF THE LEGAL NOTICE DATED 13.2.2023 SENT TO THE PETITIONER

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

National Energy and Waste Management Co-Operative Multipurpose Society (Kerala) Ltd. NO.4484 v. State of Kerala

Case brief

What is this about?

What did the court decide?

National Energy and Waste Management Co-Operative Multipurpose Society (Kerala) Ltd. NO.4484 v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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