THAMESBAY MARKETING LLP, V. COMMISSIONER OF POLICE,

WP(C)/872/2021

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The case involves Thamesbay Marketing LLP, a limited liability partnership engaged in multi-level marketing, which sought police protection against respondents 3 and 4, who allegedly trespassed and caused damage to the petitioner's office. The petitioner filed multiple complaints with the police, but claimed inaction, leading to the writ petition. The court's intervention initially provided an interim order for police protection, but upon review, it was found that the parties had reached a settlement and the police had been responsive to the petitioner's needs. Consequently, the court vacated the interim order and closed the petition.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 692047 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-03-2021
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: SUNILNATH B
• Assessee Lawyers: MILLU DANDAPANI; FATHIMA K
• Keywords: CCTV Footage; Damage to property; Multi Level Marketing; Police Protection; Trespass; Writ of Mandamus

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942 W.P(C).No.872 OF 2021(H) PETITIONER: THAMESBAY MARKETING LLP, WITH ADDRESS AT 40/2870A, CHANDRIKA BUILDING, 1ST FLOOR, PIPELINE ROAD, PALARIVATTOM , ERNAKULAM,-682 024, REPRESENTED BY ITS DESIGNATED PARTNER, SAJEER A., AGED 37 YEARS, S/O. MUHAMMEDALI, FLAT NO.506, OCEANUS MAPLE, VATTEKUNNAM, EDAPPALLY, ERNAKULAM-682 024 BY ADVS. SRI. MILLU DANDAPANI SMT. FATHIMA K. RESPONDENTS: 1 COMMISSIONER OF POLICE, KOCHI CITY, 12TH FLOOR, REVENUE TOWER, PARK AVENUE ROAD, ERNAKULAM – 682011. 2 STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION, CIVIL LINE LINE ROAD, PALARIVATTOM JUNCTION, ERNAKULAMN - 682 025. 3 VISHNU, MUSSERI VALAPPIL HOUSE, ELINJIPARA, PARIYARAM, THRISSUR - 680 721. 4 AHAMMED SHAREEF, ANAMITHADAN HOUSE, MUNDAKULAM, P.O., MUTHUVALLUR, MALAPPURAM - 673 638. W.P(C).No.872 OF 2021 2 R1 - R2 BY GOVERNMENT PLEADER R3 - SMT.M.R.JAYALATHA R3 SMT.K.VINAYA SRI. SUNILNATH N B GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.872 OF 2021 3 JUDGMENT The petitioner, a Limited Liability Partnership engaged in multi level marketing, having its office at 40/2870A, Chandrika Building, Pipeline Road, Palarivattom, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to render necessary, sufficient and effective police protection to the life of its officials and staff and also to its properties, as against respondents 3 and 4 and their men and sympathizers. In the writ petition, it is alleged that, on 02.12.2020, at about 11.00 a.m., respondents 3 and 4 along with 15 others entered into the office premises of the petitioner, breaking doors and glass panels and destroying certain CCTV cameras. After extracting CCTV footage, the petitioner submitted Ext.P6 complaint dated 02.12.2020 before the 2nd respondent Station House Officer, Palarivattom Police Station. However, no action was taken. On 15.12.2020, respondents 3 and 4 along with two others made an attempt to trespass into the petitioner's premises and tried to break open the main door. The petitioner submitted Ext.P7 complaint dated 17.12.2020 before the 2nd respondent, which was followed Ext.P8 complaint dated W.P(C).No.872 OF 2021 4 21.12.2020. Due to inaction on the part of the 2nd respondent, the petitioner submitted Ext.P9 complaint dated 29.12.2020 before the 1st respondent Commissioner of Police, Kochi City and thereafter, moved this writ petition before this Court seeking the aforesaid reliefs. The documents marked as Exts.P6(a) and P10 are certain photographs taken from CCTV footage. 2. On 13.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 and 2. Urgent notice on admission was ordered to respondents 3 and 4, by special messenger, returnable by 19.01.2021. The learned Government Pleader was directed to get instructions. By the order dated 13.01.2021, this Court directed the 2nd respondent Station House Officer to ensure that there is no threat to law and order in the locality, at the instance of respondents 3 and 4 and their men. 3. Along with the memo filed by the learned Government Pleader dated 06.02.2021, the statement of the 2nd respondent Station House Officer is placed on record, wherein it is stated that the petitioner made a complaint to the effect that, on 02.12.2020, respondents 3 and 4 along with 15 others trespassed into its office W.P(C).No.872 OF 2021 5 premises and caused damages. Based on that complaint, both parties were summoned to the police station. On enquiry, it was understood that no such incident had taken place. Since the petitioner's grievance was that respondents 3 and 4 should not enter its institution and cause any problems, the petitioner had agreed to refund the money within one month upon respondents 3 and 4 returning the products. Since it was acceptable to respondents 3 and 4, the petition was disposed of and no case was registered. In the statement, it is also stated that the police is always willing to render effective and adequate protection to the petitioner, whenever required. If there is any unlawful activity from the side of respondents 3 and 4, the police will take stringent action against them. 4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 3rd respondent. Despite service of notice, none appears for the 4th respondent. 5. From the pleading and materials on record and also the submissions made by the learned counsel on both sides, it appears that there was some dispute between the petitioner and W.P(C).No.872 OF 2021 6 respondents 3 and 4 in connection with the multi level marketing business of the petitioner. When both parties were summoned by the 2nd respondent Station House Officer, the petitioner agreed to refund money within one month upon respondents 3 and 4 returning the products and the matter was accordingly settled. Though it is alleged in the writ petition that respondents 3 and 4 along with their men and sympathisers attacked the office premises and caused damages, the petitioner has not identified anyone other than respondents 3 and 4 in the complaints filed before the police. The fact that respondents 3 and 4 are persons who were dealing with the products marketed by the petitioner is not disclosed in the writ petition. Since, it is stated in the statement filed by the 2nd respondent that the dispute between the petitioner and respondents 3 and 4 have already been settled, there is no necessity for the continuance of the interim order dated 31.01.2021 and the same is accordingly vacated. For the aforesaid reason, the writ petition is also closed. Sd/- ANIL K. NARENDRAN, JUDGE SPR W.P(C).No.872 OF 2021 7 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE INCORPORATION CERTIFICATE DATED 27.04.2018 ISSUED TO THE PETITIONER BY THE MINISTRY OF CORPORATE AFFAIRS EXHIBIT P2 TRUE COPY OF THE LIST OF THE STAFF EXHIBIT P3 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER WITH REGISTRATION NO.321AANFT7385A1Z3 DATED 26.07.2018 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 20.08.2018 ISSUED BY THE INCOME TAX DEPARTMENT TO THE PETITIONER ASSIGNING IT TAX DEDUCTION ACCOUNT NUMBER (TAN) CHNTO5231C EXHIBIT P5 TRUE COPY OF THE PERMANENT ACCOUNT CARD WITH NO.AANFT7385A OF THE PETITIONER FIRM EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 02.12.2020 TO THE 2ND RESPONDENT ALONG WITH RECEIPT OBTAINED FROM THE PALARIVATTOM POLICE STATION EXHIBIT P6A TRUE COPY OF PHOTOCOPIES OF PHOTOGRAPHS OF THE ASSAILANTS EXTRACTED FROM THE CCTV CAMERAS ON 2.12.2020 EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 17.12.2020 TO THE 2ND RESPONDENT ALONG WITH RECEIPT OBTAINED FROM PALARIVATTOM POLICE STATION EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 21.12.2020 TO THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 21.12.2020 TO THE 1ST RESPONDENT ALONG WITH RECEIPT DTD 26.12.2020 ISSUED BY CITY POLICE OFFICE, KOCHI W.P(C).No.872 OF 2021 8 EXHIBIT P10 TRUE COPY OF THE PHOTOGRAPHS OF ASSAILANTS EXTRACTED FROM THE CCTV CAMERAS ON 17.12.2020 "