IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 13997 of 2008(N) PETITIONER: ------------ M/S.DEVASURA INN PVT.LTD. KUNNAMKULAM, PONNANI ROAD, ALTHARA TRICHUR DISTRICT, REPRESENTED BY ITS CHAIRMAN SRI.M.B.BIMAL BY ADV. SMT.K.V.RESHMI RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE VADAKEKAD POLICE STATION, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE KUNNAMKULAM, THRISSUR DISTRICT. 3. THE DISTRICT COLLECTOR TRICHUR DISTRICT. 4. SOLIDARITY YOUTH MOVEMENT HASHIM TOWER, KOKKALA, TRICHUR, REPRESENTED BY ITS SECRETARY. 5. THADAKAM JUMA MASJID COMMITTEE ALTHARA, PUNNAYOORKULAM -679 561, REPRESENTED BY ITS SECRETARY. 6. RSS MANDALAM KARYAVAHAK RSS MANDALAM COMMITTEE OFFICE, DEVASA BHAVAN PUNNAYOORKULAM P.O., ALTHARA -679 561, REP. BY ITS SECRETARY. WPC. 13997/2008 -2- 7. BJP PUNNAYOORKULAM MANDALAM COMMITTEE OFFICE, ALTHARA JUNCTION, PUNNAYOORKULAM-679 561 REP. BY ITS MANDALAM PRESIDENT. 8. CONGRESS OFFICE, KUNNATHOOR CENTRE ALTHARA JUNCTION, PUNNAYOORKULAM P.O., REP. BY ITS MANDALAM PRESIDENT. 9. BMS OFFICE, ATTUPURAM, ALTHARA REPRESENTED BY ITS SECRETARY. 10. INDIAN UNION MUSLIM LEAGUE PUNNAYOORKULAM PANCHAYAT COMMITTEE OFFICE P.O.ANDATHODU, PIN-679 564, REP. BY ITS SECRETARY 11. CPI(M) PUNNAYOORKULAM MANDALAM COMMITTEE OFFICE P.O., PUNNAYOORKULAM -679 561 REPRESENTED BY ITS MANDALAM SECRETARY. R1 TO 3 BY GOVT. PLEADER SRI. BENJAMIL PAUL BY ADV. SRI.K.RAMAKUMAR (SR.) FOR R4 TO 7,9,10 SRI.T.RAMPRASAD UNNI FOR R4TO7,9,10 SMT.SMITHA GEORGE FOR R4TO7,9,10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 13997 OF 2008 ============================ DATED THIS THE 27TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is a private limited company. It is implementing a hotel project at Althara Junction, Ponnani Road, Punnayoorkulam. He has obtained all necessary permits for the project. Based on the building permit obtained from the local authority, the construction is being completed. While so respondents 4 to 11 have joined together and they started offering dharna before the work site and by that process they caused obstruction to the construction also. Therefore, the petitioner preferred Ext.P5 representation before the Sub Inspector of Police and the District Collector seeking police protection for completing the construction . Alleging that the police did not take any action, this writ petition is filed. 2. Respondents 4 to 7 and 9 & 10 have filed a counter affidavit in this writ petition. According to them, they have no intention whatsoever to obstruct the construction of the building. Their objection is only against the opening of a Bar in the building. They WPC.13997/2008 -2- have already filed representation before the Excise Commissioner against the granting of licence for opening of the Bar and the hotel, a copy of which is produced as Ext.R4(a). It is also submitted that the local Grama Panchayath has also decided against the establishment of the Bar. The respondents further submitted that they are only peacefully offering dharna against the opening of the Bar and they have no intention to obstruct the construction of the building. 3. The learned Government Pleader upon instruction submitted that there is no obstruction to the construction of the building. 4. We record the submission of the party respondents that they have no intention to obstruct the construction of the building. If there is any physical obstruction to the construction of the building, the petitioner may move the first respondent and in that event the said respondent shall remove the obstruction. But the party respondents also will have every right to hold demonstrations dharnas and public meetings opposing the grant of Bar licence to the petitioner. As long as such activities of the party respondents do not cause any obstruction to the petitioner, the police shall not interfere with the WPC.13997/2008 -3- same. The writ petition is disposed of as above. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY