IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 13369 of 2009(M) PETITIONER: RAJESH, S/O.RAJENDRAN, MANGALATHU THARAYIL, MANADITHARA MURI, BHARANIKAVU VILLAGE, MAVELIKARA. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: 1. THE CIRCLE INSPECTOR OF POLICE, MAVELIKARA. 2. THE SUB INSPECTOR OF POLICE, NOORANAD. 3. VINOD, KRISHNA NIVAS, ULAVAKAD, NOORANAD. 4. SASI KUMAR, VALIL VEEDU, ULAVAKAD, NOORANAD. 5. VENUGOPAL, CHANDAYIL VEEDU,ULAVAKAD, NOORANAD. 6. PRASOB, MULLAKKAL VEEDU, ULAVAKAD, NOORANAD. 7. SAJI, CITY HAIR STYLE, ULAVAKAD, NOORANAD. *8. PULIVELIL SREE NAGA DURGA TEMPLE REPRESENTED BY SECRETARY SATHEESH KUMAR, S/O. RAMAKRISHNAN NAIR, AGED 38 YEARS, R/AT 'ARAVINDAM', ELAVUKAD, ARANAD P.O *9. PULIVELIL SREE NAGA DURGA TEMPLE REPRESENTED BY PRESIDENT MURALEEDHARAN NAIR, R/AT 'MUKESH BHAVANAM', ELAVUKAD, ARANAD P.O. *(ADDL. R8 AND R9 IMPLEADED AS PER ORDER DATED 28.7.09 IN I.A.NO.9189/09 IN WP.C.NO.13369/09) ADV. SRI.R.T.PRADEEP FOR R3-7 GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R SRI.V.VIJULAL FOR R3 TO 7 SRI.NAGARAJ NARAYANAN FOR ADDL.R8 & 9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.13369 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the order issued by the Asst.Excise Commissioner dated 11.04.2008. Ext.P2: A true copy of the order issued by the Deputy Commissioner of Excise, Alappuzha dated 30.04.09. Ext.P3: A true copy of the appendix attached to the license. Ext.P4: A true copy of the written complaint dated 02.05.09 RESPONDENTS'S EXHIBITS: Ext.R4(a): A true copy of the news item in the Mathrubhumi daily dated 29.12.2008. Ext.R4(b): A true copy of the news item in the Mathrubhumi daily dated 1.2.2009. Ext.R4(c): A true copy of the programme notice issued for conducting the Saptaha ceremony in 2007 in the temple. Ext.R4(d): A true copy of the programme notice issued for conducting the Saptaha ceremony in 2008. Ext.R4(e): A true copy of the notice for the annual festival conducted in the temple in 2008. Ext.R4(f): A true copy of the notice for the annual festival conducted in the temple in 2009. Ext.R4(g): A true copy of the representation dated 2.5.2009 submitted by the 4th respondent and other public to the Assistant Excise Commissioner, Alappuzha. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO.13369 OF 2009 --------------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT This is a petition for police protection for running a toddy shop. The learned counsel for the party respondents submits that in view of the protest from the public, the petitioner has decided to shift the shop. This is disputed by the learned counsel for the petitioner. Be that as it may, we find that this Court has already granted an interim order to the petitioner for running the toddy shop, provided the toddy shop is run with proper license. Therefore, the writ petition is disposed of in terms of the interim order. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc W.P.(C) NO. 2