IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17881 of 2007(D)
1. K.V.KRISHNANKUTTY, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE CIRCLE INSPECTOF OF POLICE,
4. THE DEPUTY SUPERINTENDENT OF POLICE,
5. THE DISTRICT SUPERINTENDENT OF POLICE,
6. THE DISTRICT COLLECTOR, KOLLAM.
7. THE ASST. EXCISE COMMISSIONER,
8. SUJAY, S/O KARUNAKARAN, SUJAY BHAVAN,
9. BINI, CHARUVILA VEETTIL,
For Petitioner :SRI.C.C.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MRS. Justice K.HEMA
Dated :14/06/2007
O R D E R
P.R.RAMAN & K.HEMA, JJ.
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W.P.(C).NO.17881 OF 2007
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Dated this the 14th day of June, 2007
JUDGMENT
Raman,J.
Petitioner obtained a licence, Ext.P1 for conducting Toddy Shop
No.24 in Chathannoor Excise Range. Ext.P1 is dated 1/6/2007. It is
submitted by the petitioner that the place where the shop is conducted is an
unobjectionable place. Though the petitioner commenced the business on
2/6/2007, later on 9/6/2007 under the leadership of respondents 8 and 9
some persons came to the toddy shop and physically obstructed the conduct
of the shop and destroyed toddy, furniture and utensils by using deadly
weapons. Though Ext.P2 petition was given to the Police Authorities, no
effective steps were taken so as to enable the petitioner to continue the
business in terms of Ext.P1. Hence this writ petition.
3. We issued notice to respondents 2 to 9 by special messenger and it
was duly served. No one has chosen to enter appearance and contest the
matter.
3. The learned Government Pleader appearing on behalf of the State
submits that it is a duly licenced shop.
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W.P.(C).NO.17881/2007
4. In the facts and circumstances of the case, there will be a
direction to respondents 2 and 3 to give necessary protection to the
petitioner so as to enable him to conduct the shop in the licenced premises
strictly in accordance with the terms contained in Ext.P1, unobstructed by
respondents 8 and 9 or their men. In case there is any grievance for
respondents 8 and 9 in the matter of conducting the shop, they can seek
redressal of their grievance in accordance with law by approaching any
statutory authorities. We make it clear that the statutory authorities may
consider such petitions, if any, filed and dispose of the same in
accordance with law.
Writ Petition is disposed of as above.
P.R.RAMAN,
Judge.
K.HEMA,
Judge.
kcv.