IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 28367 of 2008 (B) ------------------------------------- PETITIONER J.DEEPA, T.C. 12/800, BARTON HILL, KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, 2. THE ASSISTANT COMMISSIONER OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 5. THE CORPORATION OF THIRUVANANTHAPURM, REPRESENTED BYITS SECRETARY, PALAYAM, THIRUVANANTHAPURAM. 6. M.M. YAVOB, BUNK NO.407, MUSEUM, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV.SRI.N.NANDAKUMARA MENON FOR TRIVANDRUM CORPRN. ADV. SRI.R.S.KALKURA FOR R6 ADV.SRI.P.K.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28367 of 2008 (B) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the Disability Certificate Ext.P2: A true copy of the proceeding No.A6-71302/07/KDis dated 18-10-2007 of the District Collector, Thiruvananthapuram. Ext.P3: A true copy of NOC dated 9-1-2008 issued by the Executive Engineer, PWD Thiruvananthapuram. Ext.P4: True copy of Certificate dated 16-1-2008 issued by the Circle Inspector of Police, Traffic Police Station, Thiruvananthapuram. Ext.P5: True copy of the relevant extract of the Minutes dated Nil of the Standing Committee for Health and Education, Thiruvnanthapuram. Ext.P6: A true copy of the minutes of the meeting held on 26-4-2008 of Corporation Council. Ext.P7: True copy of the licence issued by Thiruvananthapuram Corporation to the petitioner. Ext.P8: A true copy of the representation submitted before the 1st respondent. Ext.P9: A true copy of the acknowledgement receipt issued from the office of the 1st respondent. Ext.P10: True copy of the representation submitted by the petitioner on 27-9-2008. Ext.P11: True copy of the receipt evidencing the acknowledgement of Ext.P10. RESPONDENT'S EXHIBITS: Ext.R6(a): True copy of the latest licence renewed for conducting the business for the year 2007-2008 by the 6th respondent. Ext.R6(b): True copy of the letter dated 30-10-1985 for erection of the bunk No.407 by the 6th respondent. Ext.R6(c): True copy of the common judgment in O.S.No.337/92 and 955/1993 dated 30-09-1995 on the file of the Principal Sub Court, Trivandrum. Ext.R6(d): True copy of the photographs showing the petitioner's vehicle. // True copy // P.S. to Judge H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C) No. 28367 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2008 Judgment Basheer, J: Petitioner who is a physically handicapped person with 50% disability has obtained a licence to vend ice cream on Museum-RKV Road within the limits of Thiruvananthapuram Corporation. 2. The grievance of the petitioner is that respondents 2 to 4 are preventing her from carrying on the said activity in that area. 3. Learned Government Pleader submits that petitioner could vend ice cream only on the RKV Road. But it is seen from the documents produced by the petitioner that she has been granted licence by the Corporation to vend ice cream on Museum-RKV Road. In that view of the matter, we do not find any justification on the part of respondents 2 to 4 to impose any restrictions of their own in the conduct of the said business. 4. It is made clear that respondents 2 to 4 or any other Police Officer shall not interfere with the ice cream vending business of the petitioner in and around Museum-RKV Road. Writ Petition is disposed of in the above terms. H.L. DATTU Chief Justice A.K. BASHEER Judge an.