IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 RP.No. 52 of 2011(Y) -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29635/2009 Dated 01/12/2009 .................... REVIEW PETITIONER: PETITIONER IN W.P.(C) ------------------------------------------ HOTEL WAYANAD REGENCY PVT.LTD,KARADI, THAMARASSERY,KOZHIKODE,REP.BY ITS CHAIRMAN MR.JOY JOHN,THEGUMKUDIYIL,POTHANIKODE.P.O, KOTHAMANGALAM. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SRI.JOHNSON K.KURIEN RESPONDENTS/ RESPONDENTS -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY,PIN-673573. 2. THE SUB INSPECTOR OF POLICE, THAMARASSERY,PIN-673573. 3. ABDUL SALAM,S/O.MOOSA,HOUSE NO.10/520, KURUMTHOTTILKANDI 18TH MILE,THAMARASSERY.P.O, PIN673573. 4. SIDDIQUE,S/O.P.PATHUMMA,HOUSE NO.10/463, KURUMTHOTTILKANDI,18TH MILE THAMARASSERY, PIN-673573. 5. NAZAR,S/O.SULAIMAN,HOUSE NO.10/423 A, KUNNANKUNNUMEL,18TH MILE,THAMARASSERY.P.O, 673573. 6. ABDUL RAHIMAN,S/O.SULAIMAN, KANNANKUNNUMEL,18TH MILE,THAMARASSERY.P.O, PIN-673573. 7. ELIYAS,S/O.HASSSAN THOTTAKARA,18TH MILE THAMARASSERY .P.O,OIN-673573. 8. ANEES,S/O.MUHAMMED EDVALATHU HOUSE, THAMARASSERY.P.O,PIN-673573. RP.No. 52 of 2011(Y) 2 9. AHDUL RASHEED,S/O.AYISHA,KANNANKUNNUMEL HOUSE,18TH MILE THAMARASSERY.P.O,PIN 673537. 10. ASHRAFF, S/O HASSAN, KANNAN KUNNUMMEL HOUSE, 18TH MILE, THAMARASSERY P.O. 673573 GOVERNMENT PLEADER SRI JAIBY PAUL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & C.T.RAVIKUMAR, JJ. ---------------------------------------------------------- R.P.No.52 of 2011 in WP(C) No.29635 of 2009 ------------------------------------------------------------ Dated this the 14th day of March, 2011 JUDGMENT A.K. Basheer, J. Petitioner seeks review of the judgment dated 1st December, 2009 in WP(C) No.29635/2009 primarily on the ground that the distance of 50 meters stipulated in the judgment permitting the agitators to hold their agitation at such a short distance away from his Bar would be counter-productive and this stipulation is likely to encourage them to indulge in illegal activities. 2. It is contended by the petitioner that the agitators are causing obstruction to the day to day business in the Bar Hotel and they are preventing customers from coming to the Bar. According to the petitioner the agitators should be asked to keep sufficient and reasonable from the Bar Hotel even if they want to continue their agitation, so that they cannot cause any obstruction to the functioning of the Bar. 3. When this review petition came up for consideration on the last occasion, we had perused the report submitted by the R.P.No.52 of 2011 in WP(C) No.29635 of 2009 2 Circle Inspector of Police, Thamarassery police station. But, since necessary particulars were not available in the report, we direct the Officer concerned to file an additional report. We further directed him to appear in person so that we could ascertain from him the ground realities. 4. We have perused the latest report submitted by the officer and ascertained from the present situation. He submits that there is no law and order problem in the area at present. Some local people are against the existence of the Bar in the locality. He further submits that prompt and appropriate action is being taken against those people who try to create any law and order problem in that area. He refers to various crimes registered by the police in connection with such incidents. 5. A perusal of the latest report dated 14th March 2011, indicates that the police has so far registered three crimes in 2009 and four in 2010. The first crime in 2010 was on January 31, 2010 and the last on October 7, 2010. The Officer submits that so far no crime has been registered in 2011. The Officer stated before us that the police is maintaining constant vigil and that necessary action will be taken to ensure that the conduct of R.P.No.52 of 2011 in WP(C) No.29635 of 2009 3 the Bar Hotel is not prevented or obstructed in any illegal manner. The above submission is recorded. He further submits that resistance is apparently not as stiff as it had been earlier. In any view of the matter, we do not find any reason to review the judgment and make any modification there in at this stage. Therefore, the review petition is dismissed. A.K.BASHEER, JUDGE. C.T.RAVIKUMAR, JUDGE. rkc