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Judgments of Supreme Court of India and High Courts

Sharafudheen vs The State Of Kerala on 22 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

THE HONOURABLE MR.JUSTICE V.G.ARUN

WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

WP(C).No. 13658 of 2019

PETITIONER/S:

1 SHARAFUDHEEN
AGED 68 YEARS
S/O. ABDUL RAVUTHAR, RESIDING AT ALIF MANZIL,
CANTONMENT NORTH, KOLLAM 691 001.

2 ALIF MUHAMMED,
AGED 34 YEARS
S/O. SARAFUDHEEN,RESIDING AT ALIF MANZIL,
CANTONMENT NORTH, KOLLAM 691 001.

BY ADVS.
SRI.S.SREEKUMAR (KOLLAM)
SHRI.FEBIN RAJ TS

RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM
695 001.

2 THE CITY POLICE CHIEF,
KOLLAM 691 001.

3 THE ASSISTANT COMMISSIONER
OF POLICE, KOLLAM 691 001

4 THE SUB INSPECTOR OF POLICE,
KOLLAM EAST POLICE STATION, KOLLAM DISTRICT,
691 001.
W.P.(c) No.13658 of 2019

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5 FARSANA,
AGED 25 YEARS
W/O. ALI MUHAMMED, FARSANA MANZIL,
KALANGUMUKKU, PALLIMUKKU P.O.,
KOLLAM 691021.

6 IQUBAL,
AGED 35 YEARS
RESIDING T FARSANA MANZIL, KALANGUMUKKU
PALLIMUKKU P.O., KOLLAM 691 021.

7 SARAFUDHEE
AGED 45 YEARS
RESIDING AT FARSANA MANZIL,
KALANGUMUKKU,PALLIMUKKU P.O.,
KOLLAM 691 021.

OTHER PRESENT:
SR GP.SRI P.P.THAJUDDIN , SRI C.R. JAYAKUMAR
FOR R5,6,7

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 22.05.2019, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:
W.P.(c) No.13658 of 2019

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JUDGMENT

K.VINOD CHANDRAN, J.

Petitioners are father and son who seek police

protection against the illegal activities alleged to have been

committed by respondents 5 to 7. The 5 th respondent is the

estranged wife of the second petitioner. It is submitted that

the petitioners are conducting a shop, in which premises, the

5th respondent along with her brother trespassed and

obstructed the conduct of the business.

2. Respondents 5 to 7 appear through counsel and

submit that the allegation of trespass and obstruction is

quite false and there is nothing produced to substantiate

such allegation. It is also submitted that there are cases

pending against the petitioners and this is only a
W.P.(c) No.13658 of 2019

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counterblast to the specific allegation of cruelty meted out to

the wife when they were together.

3. The learned Government Pleader, on instructions,

submits that there is a Section 498A case pending against the

petitioners and four others, which is being tried by the

competent criminal court. The police on enquiry also did not

find any substantiation of the allegations raised in the writ

petition.

4. However, noticing the relationship between the

parties and the disputes pending against them, we definitely

asked counsel appearing for respondents 5 to 7 as to any

intention of causing such obstruction to the business of the

petitioners. The learned counsel on behalf of respondents 5

to 7 clearly undertakes that there would be no such incident

and the respondents would only take legal recourse as
W.P.(c) No.13658 of 2019

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against the petitioners.

Recording the undertaking, the writ petition is

disposed of. Parties shall suffer their respective costs.

Sd/-

K.VINOD CHANDRAN
JUDGE

Sd/-

V.G.ARUN
JUDGE
scl/22.5
W.P.(c) No.13658 of 2019

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APPENDIX
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE RECEIPT FOR THE
LICENSE FEE OF THE 1ST PETITIONERS
BUSINESS UNIT.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED
BY THE 2ND PETITIONER BEFORE THE 4TH
RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY
THE KOLLAM EAST POLICE.

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