IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23570 of 2009(M)
1. BIJU.C.JOHN, AGED 29 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE, RANNY,
... Respondent
2. THE C.I.OF POLICE, RANNY,
3. THE DEPUTY SUPDT. OF POLICE
4. THE DISTRICT SUPDT. OF POLICE
5. THE DIRECTOR GENERAL OF POLICE
6. STATE OF KERALA, REP. BY SECRETARY
7. MUKUNDAN, VIJAYA VILASAM,
8. SHYJU S/O. KAMALASANAN,
9. ABHIJITH, S/O. ANANDAN,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :24/08/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P.(C) NO. 23570 OF 2009
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Dated this the 25th day of August, 2009
JUDGMENT
Kurian Joseph, J.
The Writ Petition is filed mainly with the following prayer:
“issue a writ of mandamus or other appropriate
writ, order or direction commanding
respondents 1 to 6 to give necessary and
adequate police protection to the petitioner,
management staff, workers, T.S. No.3 covered
by Ext.P1 licence, customers, the vehicles
coming to the toddy shop bringing toddy etc, as
per the request in Ext.P2 forthwith.”
2. In the counter affidavit filed on behalf of respondents 7 to 9, it is
stated that the area where the petitioner is licensed to conduct the toddy
shop is a thickly populated area and the general public have been using the
same as a bus stop and waiting shed.
3. These are all matters for the party respondents and the public to
bring to the notice of the licensing authority in which case, at least while
W.P.(C)NO. 23570/2009 2
renewing the licence, such grievances can be looked into. So long as the
petitioner is conducting a licensed toddy shop, there cannot be any
unlawful obstruction on the part of the party respondents. In law, their
entitlement is only to conduct a peaceful demonstration. But, such
demonstration or agitation shall not interfere with the conduct of the
toddy shop, so long as it is in a licensed premise. In the event of any
unlawful obstruction, the first respondent shall render necessary protection
to the petitioner.
The Writ Petition is disposed of as above.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C)NO. 23570/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO.23570/2009
JUDGMENT
25th August, 2009