Facts of the Case

Dr. Jagadiswaran, who runs the Sanjeevani Hospital and Cancer Herbal Care at Poozhikkunnu Junction (a business registered under GST, as evidenced by a GST registration certificate placed on record as Exhibit P2), sought police protection for himself, his staff and the hospital premises from alleged intimidation, assault, and forceful eviction attempts by his landlords (respondents 6 to 8), and a declaration that the landlords had no right to evict him without following due process. After filing this writ petition, the petitioner separately filed a civil suit (O.S. No.763/2023) and obtained an interim injunction order from the civil court on the same subject matter.

Issues Involved

  1. Whether the writ court needed to grant further relief once the petitioner had already secured an interim injunction from the civil court on the same dispute.

Petitioner's Arguments

  • The respondents (landlords) should be restrained from intimidating, assaulting, using criminal force against, or forcibly evicting the petitioner and his staff without following due process, and police protection should be furnished.

Respondent's Arguments

  • Not separately elaborated in the order.

Court Order / Findings

  • Noting that the petitioner had, after filing this writ petition, obtained an interim injunction from the civil court in O.S. No.763/2023 on the same subject matter, the Court held that the petitioner should proceed on the basis of that civil court order, and that no further orders were necessary in the writ petition. The writ petition was accordingly closed.

Important Clarification

This is a police-protection/property-dispute matter, not a GST case. The GST registration certificate for the petitioner's hospital business appears only as one of several exhibits establishing the business's existence at the disputed premises; it plays no substantive role in the Court's reasoning, which turns entirely on the availability of civil court relief.

Sections Involved

  • No GST provision was applied; the matter proceeded on general principles regarding the availability of civil court remedies alongside writ jurisdiction.

Decision – In Favour of

Neither party specifically – the writ petition was closed as unnecessary in light of the petitioner's own parallel civil court injunction.

Case Details

Court: High Court of Kerala at Ernakulam
Case Number: WP(C) No. 24182 of 2023
Coram: Justice P.V. Kunhikrishnan
Date of Order: 1 August 2023

Link to Download the Order

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