Abdulla vs the State of Kerala

Abdulla vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2020

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https://sooperkanoon.com/case/1735121

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Citation: sooperkanoon.com/1735121
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Jan 31, 2020
Case Number: WP(C)/2037/2020

Parties & Advocates

Appellant / Petitioner

Abdulla

Respondent

The State of Kerala

Excerpt

.....delivered the following:judgmentdated this the 31st day of january 2020 the second petitioner is the proprietor of m/s.city sweets, century complex, kozhikode. the 1 st petitioner is running the said business based on the power of attorney of the 2nd petitioner. there were some disputes between the 1st petitioner and the party respondents in regard to employment of the 5th respondent. it appears that the police had to intervene in the matter as there was an attack on the 1st petitioner and creating ruckus in the business premises.2. though, notice was served on the party respondents, none appeared.3. having considered the facts andcircumstances, the writ petition is disposed with the following directions:- police shall accord necessary police protection to the petitioners for the smooth conduct of the business and they shall take necessary action against any persons, who are causing obstruction to the conduct of the business.sd/- a.muhamed mustaque judge hmh appendix petitioner's/s exhibits: exhibit p1 the power of attorney dated 10.12.2011 executed by the 2nd petitioner in favour of the 1st petitioner. exhibit p2 the true copy of the receipt describing the complaint details issued from the kasaba police station dated 14.01.2020. exhibit p3 the true copy of the fir in crime no.149 of 2017 of kasaba police station. exhibit p4 the true copy of the petition preferred before the city police commissioner, kozhikode dated 20.01.2020. exhibit p5 the computer printout of screenshot pertaining to the transmission of said email in consonance with the exhibit p4. respondent's/s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 PETITIONER/S: 1 ABDULLA AGED 69 YEARS S/O.PAKRAN, VAYALIL HOUSE, NARIPETTA P.O., KOZHIKODE-673506. 2 AHAMMED HAJI, AGED 63 YEARS S/O.ANDRU, PUTHALATH HOUSE, CHEEKKONNU P.O., KOZHIKODE-673507. BY ADV. SRI.T.D.SUSMITH KUMAR RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM- 695001. 2 CITY POLICE COMMISSIONER, KOZHIKODE CITY, KOZHIKODE-673001. 3 SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PUTHIYARA P.O., KOZHIKODE-673004. 4 MOIDU, AGED 62 YEARS S/O.ABDHULLA, ALIYATT HOUSE, PATHIRAPATA, KAKKATTIL P.O., KOZHIKODE-673507. 5 KHALEEL, AGED 45 YEARS 6 RIYAS, AGED 38 YEARS 7 SHIHAB,
AGED 32 YEARS R1 TO R3 SRGP PP THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of January 2020 The second petitioner is the proprietor of M/s.

City Sweets, Century Complex, Kozhikode. The 1 st petitioner is running the said business based on the Power of attorney of the 2nd petitioner. There were some disputes between the 1st petitioner and the party respondents in regard to employment of the 5th respondent. It appears that the police had to intervene in the matter as there was an attack on the 1st petitioner and creating ruckus in the business premises.

2. Though, notice was served on the party respondents, none appeared.

3. Having considered the facts and

circumstances, the writ petition is disposed with the following directions:- Police shall accord necessary police protection to the petitioners for the smooth conduct of the business and they shall take necessary action against any persons, who are causing obstruction to the conduct of the business.

Sd/- A.MUHAMED MUSTAQUE JUDGE hmh APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE POWER OF ATTORNEY DATED 10.12.2011 EXECUTED BY THE 2ND PETITIONER IN FAVOUR OF THE 1ST PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE RECEIPT DESCRIBING THE COMPLAINT DETAILS ISSUED FROM THE KASABA POLICE STATION DATED 14.01.2020. EXHIBIT P3 THE TRUE COPY OF THE FIR IN CRIME NO.149 OF 2017 OF KASABA POLICE STATION. EXHIBIT P4 THE TRUE COPY OF THE PETITION PREFERRED BEFORE THE CITY POLICE COMMISSIONER, KOZHIKODE DATED 20.01.2020. EXHIBIT P5 THE COMPUTER PRINTOUT OF SCREENSHOT PERTAINING TO THE TRANSMISSION OF SAID EMAIL IN CONSONANCE WITH THE EXHIBIT P4. RESPONDENT'S/S EXHIBITS: NIL

Same Court & Year Kerala · 2020 Same Parties Abdulla vs The State of Kerala Same Judge Honourable Mr. Justice a.Muhamed Mustaque