IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21479 of 2009(D) -------------------------- PETITIONERS: --------------- K.P.HARIDAS, S/O.BALAKRISHNAN NAIR, AGED 52 YEARS, "SREEHARI", KAVUNGAL, MALAPPURAM LICENSEE, HOTEL ERNAD INN, VARANKODE, MALAPPURAM. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM. 4. THE SUB INSPECTOR OF POLICE, MALAPPURAM. 5. MACHINGAL BASHEER, S/O.LATE MACHINGAL MUHAMMAD MUSALIAR, MACHINGAL, MELMURI P.O., MALAPPURAM, SECRETARY, MUSLIM YOUTH LEAGUE, MALAPPURAM MUNICIPAL COMMITTEE. 6. KONNALA YOUSUF, KONNALA HOUSE, DOWN HILL, MALAPPURAM, SECRETARY, MUSLIM LEAGUE MALAPPURAM MUNICIPAL COMMITTEE. W.P.(C) 21479/2009 :2: 7. O.P.HUSSAIN, OTHUKKUPARA HOUSE, MUNDUPARAMBU, MALAPPURAM. 8. HARIS AMIYAN, COUNCILLOR, MALAPPURAM MUNICIPALITY, AMIYAN HOUSE, KIZHAKKETHALA, UPHILL, MALAPPURAM. 9. P.UBAIDULLAH, SECRETARY, MUSLIM LEAGUE NIVOIAKAMANDALAM COMMITTEE, ANAKKAYAM, MANJERI. 10. KODEN AZEEZ, KODEN HOUSE, ALATHUR PADI, MELMURI, MALAPPURAM. GOVT. PLEADER SRI. P.A. SALIM. ADV. SRI.K.A.JALEEL FOR R5-10 SRI.C.Y.VINOD KUMAR FOR R5-10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 21479/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FL-3 LICENS4E ISSUED ON 2.6.2009. EXT.P2 TRUE COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI DAILY DATED 13.7.2009. EXT.P3 TRUE COPY OF THE NEWS ITEM APPEARED IN MADYAMAM DAILY DATED 13.7.2009. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 8.7.2009. EXT.P5 TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 25.7.2009. EXT.P6 TRUE COPY OF THE NEWS ITEM APPEARED ON THE CHADRIKA DAILY ON 28.7.2009. EXT.P7 TRUE COPY OF THE NWS ITEM APPEARED IN THEJUS DAILY DATED 28.72009. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 21479 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 3RD DAY OF AUGUST, 2009. J U D G M E N T Raman, J. Petitioner's grievance is that because of the alleged protest march there is likelihood of his business being affected. 2. Learned Government Pleader submits that the protest march is already over on 12.7.2009. According to the petitioner, the licence was granted on 5.6.2009 and thereafter Respondents 5 to 10 and their henchmen are constantly making troubles by conducting march to the Bar. The party respondents 5 to 10 were served notice. Since notice was served by Special Messenger, there is no justification for granting any further time to them. 3. Heard both sides. So long as the petitioner is conducting his business in accordance with law after obtaining valid licence, from the authorities, there cannot be any obstruction for the ingress and egress to his establishment. Police will, in such circumstances, give necessary protection for preventing any obstruction being caused to the ingress and WP(C) 21479/2009 2 egress if there is any other dispute between the parties, they can approach the civil court or the appropriate forum. The writ petition is closed. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-