IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 36313 of 2009(H) ------------------------------------------------- PETITIONER(S): ---------------------- 1. RETNAKARAN, LICENCEE, T.S.NO.76/09-2010, THYIKKAL EAST, CHERTHALA, RESIDING AT NERAMPOARAMPU, MARARIKULAM, CHERTHALA. 2. JAYESAN, S/O.DIVAKARAN, LICENCEE, T.S.NO.76/09-2010, THYIKKAL EAST, CHERTHALA, RESIDING AT KAROTTU HOUSE, MUHAMMA P.O., KANJIKKUZHI. 3. RAJENDRAN, S/O.GANGADHARAN, LICENCEE, T.S.NO.76/09-2010, THYIKKAL EAST, CHERTHALA, RESIDING AT PUTHENTHARAYIL, THYIKKAL P.O., KADAKKARAPALLY, CHERTHALA. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KUTHIYATHODU, CHERTHALA. 2. SUB INSPECTOR OF POLICE, PATTANAKKAD, CHERTHALA. 3. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 4. INDIRA, KARIKKINEZHATHU, KADAKKARAPALLY, CHERTHALA. W.P.(C).NO.36313/2009 H 5. VILASINI, NIKARTHIL, KADAKKARAPALLY, CHERTHALA. 6. HARSHAN, THEKKEKOOTUPARAMBIL, KADAKKARAPALLY, CHERTHALA. 7. VIJAYAPPAN, KOTTUCHIRAYIL, KADAKKARAPPALLY, CHERTHALA. ADDL.8. THE DISTRICT COLLECTOR, ALAPPUZHA. (ADDL.8TH RESPONDENT IS SUO MOTU IMPLEADED AS PER JUDGMENT DATED 03.02.2010). R1 TO R3 & ADDL.R8 BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA ADV. SRI.G.D.PANICKER FOR R4 TO 6 SMT.JEENA JOSEPH FOR R4 TO 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.36313 OF 2009 H PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONERS BY THE 3RD RESPONDENT TO T.SD.NO.96/09-10, THYIKKAL EAST. EXT.P2TRUE COPY OF THE ORDER NO.A1-1787/07 DATED 30.11.2009 OF 3RD RESPONDENT PERMITTING TO SHIFT THE SHOP. EXT.P2(A): TRUE COPY OF THE SCHEDULE OF THE BUILDING AND THE LAND. EXT.P3TRUE COPY OF COMPLAINT DATED 11.12.09 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENTS 1 AND 2. EXT.P4TRUE COPY OF RECEIPT DATED 12.12.09. EXT.P4(A) TRUE COPY OF RECEIPT DATED 11.12.09. RESPONDENTS' EXHIBITS: EXT.R6(A) TRUE PHOTCOPY OF THE MASS PETITION ADDRESSED TO THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.R6(B): TRUE PHOTO COPY OF THE LETTER DATED 16.1.2010 FROM THE SECRETARY, KADAKKARAPPALLY GRAMA PANCHAYAT. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 36313 OF 2009 H --------------------------------------------------- Dated this the 3rd February, 2010 JUDGMENT K.M. Joseph, J. Petitioners are licensees of toddy shop. They were given permission under Ext.P2 to shift the toddy shop, as the owner of the previous shop has refused to grant his consent to continue the shop therein. It is stated that respondents 4 to 7 and their associates are causing obstruction to the conducting of the shop by the petitioners. They filed complaint. There is no action. Aggrieved by that, they have approached this Court seeking the following reliefs: “i) Issue a writ of mandamus directing respondents 1 and 2 to provide adequate and effective police protection to the petitioners to conduct T.S.No.76/2009-2010 Thycal Kizhakku in the site mentioned in Ext.P2(a) without any WPC.NO.36313/09 H 2 obstruction from respondents 4 to 7, their men or associates or anybody on their behalf. ii) Issue a writ of prohibition restraining respondents 4 to 7, their men or their associates or anybody or their behalf from causing obstruction of any manner to the smooth functioning of T.S.No.76/2009-2010 Thycal Kizhakku.” 2. A Counter Affidavit is filed to which a Reply Affidavit also is filed. This Court had passed an interim order, which reads as under: “Respondents 4 to 6 have filed a Counter Affidavit. According to them, the toddy shop situated in a thickly populated area and general public are against the continuance of the shop there. It is stated that they have already submitted a complaint before the District Collector, copy of which is not furnished along with the counter affidavit. Hence, they are given an opportunity to place on record the representation before the District Collector. WPC.NO.36313/09 H 3 2. Pending further consideration, we direct the 1st respondent Circle Inspector to see that no physical obstruction is caused by the agitators to the running of the toddy shop. However, this will not prevent them from continuing any peaceful agitation or “satyagraha” in accordance with law.” 3. It would appear that pursuant to the direction of this Court, Ext.R6(a) has been filed, which is stated to be a mass petition. We heard the learned counsel appearing for the parties. 4. We suo motu implead the District Collector, Alappuzha as additional 8th respondent and the Government Pleader appears for him. The Writ Petition is disposed of as follows: The interim Order dated 13.01.2010 is made absolute. At the same time, there will be a direction to the additional 8th respondent to consider and take a decision on Ext.R6(a) with opportunity of hearing to the petitioners or their representative and the 6th respondent or his representative, within a period of six weeks from the date of production of a copy of this WPC.NO.36313/09 H 4 Judgment before the additional 8th respondent. We make it clear that we are not expressing any view on the merits of Ext.R6(a). Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge