LAWS(KER)-2012-11-31

SUBAIR.C.P. Vs. SUB INSPECTOR OF POLICE

Decided On November 06, 2012
Subair.C.P. Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following reliefs :

(2.) BRIEFLY put, the case of the petitioner is as follows :- Petitioner is the proprietor of Varnachithra films which is engaged in the production and distribution of feature films. At present it is engaged in the production of a Malayalam feature film by name "Kamath & Kamath". Petitioner had obtained Ext.P1 permit from the Cochin Corporation to use Santa Cruse Ground at Fort Kochi and the roads near it for film shooting from 27.10.2012 to 20.11.2012. Now the 3rd respondent with her allies, who is conducting an Ayurveda Massage Centre in the locality is unauthorisedly using Santa Cruse Ground as a parking space for her customer. As a result of Ext.P1 permit, this unauthorised use of the ground by the 3rd respondent has been obstructed temporarily. The 3rd respondent had preferred a complaint to the Town Planning Officer in this regard. The officer has issued Ext.P3 whereby he has required the petitioner to leave a gap of 10 feet from the 3rd respondent's building while erecting the film set and the petitioner has strictly followed Ext.P3. Now the 3rd respondent is attempting to take law into her hands and destroying the film set and obstructing the film shooting. The 3rd respondent is an influential person in the locality. The police is not taking any action to prevent her and her allies from destroying the film set and obstructing the film shooting or to provide any protection. Hence the petitioner filed this writ petition.

(3.) WE heard the learned counsel for the party respondent and the learned Government Pleader.