IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 24146 of 2010(P) ------------------------------------ PETITIONER(S): --------------- R.M.SENTHIL KUMAR, AGED 41 YEARS, S/O.RAJAMANIKYAM,MANAGER, P.JOHN BRITTO LOTTERY AGENCIES, GROUND FLOOR, PARAMARA BUILDING, BANERJI ROAD, ERNAKULAM. BY ADV. SRI.K.R.VINOD SMT.M.S.LETHA RESPONDENT(S): ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN POLICE STATION-682018. 2. THE SUB INSEPCTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION-682018. 3. YOUTH CONGRESS (I) REP.BY THE STATE SECRETARAY, MUHAMMED SHIYAS, S/O.MARAKKAR, VADAPPILLY HOUSE, THAIKKATTUKARA, AMBATTUKADAVU, ALUVA.-683101. 4. ALBERT,S/O.A.X.THOMAS, AMBALATHINGAL HOUSE, TOLL GATE ROAD, VADUTHALA-24. 5. RAJESH S/O. SASIDHARAN, VALIYAVEETTIL HOUSE, MADATHIMOOLA ROAD, NEDUMBASSERI-683572. 6. UNNI S/O.THAI, CHIRAYKKAPPAD HOUSE, KOLLAMKUDIMUGAL, THRIKKAKARA-682030. 7. THAMPI SUBRAHMANIAN,S/O.SUBRAHMANIAN, THAMPI NIVAS, C.S.ROAD, PALLURUTHI-682002. 8. SHAMEER VALAVATH, S/O. ABDUL RAZAK, VALAVATH HOSUE,KAPPALANDIMUKKU,MATTANCHERRY-682004. WPC NO.24146 OF 2010: -2- 9. SAIJAN, S/O.RAJAN, PUTHEZHATH HOUSE, PATTANAM, VADAKKEKKARA, NORTH PARAVUR-683513. 10. T.G.SUNIL,S/O.GANGADATHAN, THATCHAKUZHIYIL HOUSE, PERUMBAVOOR, ERNAKULAM-683542. 11. ANWAR SADATH, S/O. ABDUL SATHAR, OOMIKKARA HOUSE, PARAMBAYAM, NEDUMBASSERI-683572. 12. SIVAKUMAR, S/O. SWAMINATHAN, A.K.ROAD, KOOVAPPADAM, KOCHI - 2 13. DIKKU JOSE, S/O. KURIKKOSE, CHIRAMEL HOUSE, KOCHI, KADAVANTHRA-682020. 14. MUHAMMED SHIYAS, S/O. MARAKKAR, VADAPPILLY HOUSE, THAIKKATTUKARA, AMBATTUKADAVU, ALUVA-683101. 15. NAJEEB S/O. MOHAMMEDALI, PARAPPURATH HOUSE, UNIVERSITY P.O., KALAMASSERI-683104. R1 & R2 BY SPL.GOVERNEMNT PLEADER (TAXES) SRI.VINOD CHANDRAN. R3 TO R15 BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.PAUL C THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24146 FO 2010: PETITIONER'S EXHIBITS: EXT.P1.THE PHOTOSTAT COPY OF THE FIR NO.1453/2010 OF THE E.T.NORTH POLICE STATION. EXT.P2.THE PHOTOGRAPHS OF THE DISTUCTIONS COMMITTEDBY THE RESPONDENTS NO.3 TO NO.15 AT THE SHOP OF THE PETITIONER. EXT.P3.THE NEWS ITEM APPEARED IN MATHRUBHOOMI DAILY DATED 30.7.2010 SHOWING THE DESTRUCTION OF THE SHOP OF THE PETITIONER. EXT.P4.THE COPY OF THE REPRESENTATION SEEKING POLICE PROTECTION SUBMITTED BY THE PETITIONER BEFORE THE IST AND 2ND RESPONDENTS. EXT.P5.THE COPY OF THE CERTIFICATE ISSUED BY ASSISTANT COMMISSIONER (ASSMT), COMMERCIAL TAXES, SPECIAL CIRCLE, PALAKKAD DATED 3.7.2010. EXT.P6.THE DEMAND NOTICES ISSUED BY THE CORPORATION OF KOCHI DATED 2.7.2010 ASKING THE PETITIONER TO PAY THE PROFESSIONAL TAX. EXT.P7.THE RECEIPT ISSUED BY THE CORPORATION OF KOCHI DATED 17.7.2010 SHOWING THE RECEIPT OF PROFESSIONAL TAX DURING THE PERIOD 2010-2011. EXT.P8. THE PHOTOSTAT COPY OF THE AGENT'S IDENTITY CARD ISSUED BY THE DISTRICT LOTTERY OFFICER, PALAKKAD HVIGN VALIDITY UPTO 31.12.2010. EXT.P9.THE PHOTOSTAT COPY OF THE AGREEMENT DATED 1.7.2010 EXECUTED BETWEEN M/S.MEGHA DISTRIBUTOR AND M/S.JOHN BRITTO AGENCY. RESPONDENT'S EXHIBITS: EXT.R14A.TRUE COPY OF THE VIGILENCE REPORT DATED 16.10.2006. EXT.R14B.TRUE COPY OF THE SIKKIM DEAR SILVER LOTTER RESULT FOR THE DRAW CONDUCTED ON 30.4.2010. EXT.R14C. TRUE COPY OF THE RESULT SHEET PUBLISHED IN THE MATHRUBHUMI DAILY DATED 1.5.10. EXT.R14D.TRUE COPY OF THE LETTER NO.9995/HF/10/ID DATED 14.5.10 ISSUED BY THE PRINCIPAL SECRETARY, TAXES DEPARTMENT. EXT.R14E.TRUE COPY OF THE NEWS ITEM APPEARED IN MANGALAM DAILY DATED 6.8.10. K.M.JOSEPH & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------------ W.P.(C) No.24146 of 2010-P ---------------------------------------------- Dated, this the 9th day of September, 2010 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is as follows: “ to issue a writ in the nature of mandamus directing the Ist and 2nd respondents to provide adequate police protection to the life of the petitioner and his subordinates and also direct the police to provide adequate police protection to open and function the shop of the petitioner to conduct his legally permitted lottery business in peaceful manner.” 2. Sri.Vinod Chandran, the Special Government Pleader (Taxes) would bring to our notice the fact that the Division Bench of this Court has stayed the operation of the judgment of the learned Single Judge by which the learned Single Judge has directed the Government to accept advance tax. The resultant position is that apparently it may not be open for the petitioner to even contend that he can conduct the business. In such circumstances, we do not think that we need consider the question raised by the petitioner. Without WPC No.24146/2010 -2- prejudice to the right of the petitioner, if he is so advised to approach this Court later on, this writ petition is disposed of. (K.M.JOSEPH) JUDGE. (T.R.RAMACHANDRAN NAIR) JUDGE. MS