IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 26111 of 2007(H) --------------------------------------- PETITIONER: ------------------- SPENCER'S RETAIL LTD.,CORPORATE MALL, MANJERI, REPRESENTED BY ITS BUSINESS HEAD KERALA, RAJU MENON, AGED 44 YEARS, S/O. LATE M.R.NAIR. BY ADV. SRI.H.B.SHENOY, SRI.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, SRI.ABU MATHEW, SRI.ANIL KURIAN THOMAS, SRI.SOBHAN GEORGE. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MANJERI, 3. THE SUB INSPECTOR OF POLICE, MANJERI, 4. KERALA VYAPARI VYAVASAYI EKOPANA SAMITI, REPRESENTED BY ITS PRESIDENT,MANJERI UNIT, MANJERI. BY GOVT. PLEADER SMT. MEERA, ADV. SRI.BABU S. NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26111/2007-H: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE COMPLAINT DTD. 09/08/2007 SUBMITTED BY PETITIONER TO R.3. EXT.P.2: COPY OF THE COMPLAINT DTD. 21/08/2007 SUBMITTED BY PETITIONER TO R.2. EXT.P.3: COPY OF THE ORDER DTD. 14/11/2007 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO. 432/2007. EXT.P.4: COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA, DAILY DTD. 06/04/2008. EXT.P.4.A: COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 20/04/2008. EXT.P.5: COPY OF THE NEWSPAPER REPORT PUBLISHED IN MADHYAMAM DAILY DTD. 06/04/2008. EXT.P.5.A: COPY OF THE COMPLAINT DTD. 21/04/2008 SUBMITTED TO R.3. BY ABDUSSALAM.K. & ORS. EXT.P.6: COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DTD. 06/04/2008. EXT.P.7: COPY OF THE PHOTOGRAPH OF PETITIONER'S RETAIL SUPERMARKET AT MANJERI. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. C.N.RAMACHANDRAN NAIR & S.SIRI JAGAN, JJ. ------------------------- WP(C) No. 26111 of 2007 --------------------------------- Dated, this the 25th day of April, 2008 J U D G M E N T Ramachandran Nair, J. This writ petition is filed for direction to respondents 1 to 3 to grant adequate police protection to the petitioner to run the shop in a peaceful environment. Even though learned counsel for 4th respondent submitted that only peaceful demonstration is conducted by them, learned Government Pleader submitted that two crimes are registered against those who created problems for petitioner's shop. Registration of crimes prove beyond doubt that there is violance against the petitioner's running the shop. Even though learned Government Pleader submitted that, as of now, there is no law and order problem, learned counsel for the petitioner submitted that there is likelihood of obstruction. The so called peaceful demonstration by the 4th respondent, to our mind, is also illegal because petitioner is carrying on bonafide business in the area and what is opposed is business competition with members of the 4th respondent. Fair competition in business prevents monopoly and will largely promote consumer interests. Therefore, we feel, petitioner should be encouraged by Governmental WP(C) No. 26111/2007 -2- Agencies. This writ petition is, accordingly, disposed of directing respondents 2 & 3 to provide police protection, as and when required, for the peaceful conduct of business by the petitioner. Police protection should be granted not only against 4th respondent but also against anyone standing in the way of conduct of petitioner's retail outlet. (C.N.RAMACHANDRAN NAIR, JUDGE) (S.SIRI JAGAN, JUDGE) jg