IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 30412 of 2003(U) -------------------------- PETITIONERS: --------------- 1. SHABEER AHAMMAD KHAN, AGED 47 YEARS, S/O. AHMED KHAN GULAM, WHITE HOUSE, GITHEM HANDICRAFTS, AMBADY JUNCTION, THEKKADY ROAD KUMILY. 2. INTEAZ AHMED SHAH, AGED 35 YEARS, S/O. K.H.NOORUDIN, KERALA HANDICRAFTS EMPORIUM, THEKKADY ROAD, KUMILY 3. THARIK AHAMED WALI, AGED 22 YEARS, S/O. ZAHOOR AHAMED WALI, INDIAN MART, THEKKADY ROAD, KUMILY 4. MOHAMMED NAZER KHAN, AGED 30 YEARS, S/O. MOHAMMED YOUSUF KHAN, TEBETAN ARTS EMPORIUM, THEKKADY ROAD, KUMILY. 5. FAROOK AHMED ALAKBAND, AGED 50 YEARS, S/O. GULAM MOHAMMED ALAKBAND, TRIBAL ARTS EMPORIUM THEKKADY ROAD, KUMILY 6. FAROOQ AHMED SOFI, AGED 27 YEARS, S/O. GULAM AHMED SOFI, CHOLA ARTS EMPORIUM, THEKKADY ROAD, KUMILY. 7. AZIAZ AHMED, AGED 40 YEARS, QUENTAL ARTS, THEKKADY ROAD, KUMILY. 8. MOHAMMED AYOOB KHAN, KERALA ARTS GALLERY, THEKKADY ROAD, KUMILY. 9. MOHAMMED ASHRAF DURANI, AGED 30 YEARS, S/O. MOHAMMED SULTHAN DURANI, VILLAGE ARTS, K.K.ROAD, KUMILY. 10. THANVEER-UL-HUSSAIN, KASHMIR EMPORIUM, THEKKADY ROAD, KUMILY. BY ADV. MR.P.A.MOHAMMED SHAH (...2) WP(C).30412/03 (2) RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, IDUKKI, KERALA. 3. CIRCLE INSPECTOR OF POLICE, KUMILY, IDUKKI DISTRICT, KERALA. GOVERNMENT PLEADER MR.K..P. PRADEEP FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).30412/03 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF LICENCE ISSUED BY THE KUMILY PANCHAYAT TO THE 1ST PETITIONER DT.26.6.03 EXT.P2:- -DO- OF -DO- TO THE 2ND PETITIONER DT. 2.7.03. EXT.P3:- -DO- OF -DO- TO THE 3RD PETITIONER DT.7.8.03 EXT.P4:- -DO- OF -DO- TO THE 5TH PETITIONER DT.4.4.03 EXT.P5:- -DO- OF -DO- TO THE 6TH PETITIONER FIRM DT.5.6.03 EXT.P6:- -DO- OF -DO- TO THE 7TH PETITIONER DT.28.2.97 EXT.P7:- TRUE COPY OF RECEIPT FOR TOKEN OF REMITTANCE OF LICENCE FEE TO KUMILY GRAMA PANCHAYAT ISSUED TO 4TH PETITIONER, DT.23.9.03 EXT.P8:- -DO- OF -DO- TO THE 8TH PETITIONER DT.23.9.03 EXT.P9:- TRUE COPY OF VOTER'S IDENTITY CARD ISSUED TO 1ST PETITIONER. EXT.P10:- -DO- OF -DO- TO THE 2ND PETITIONER EXT.P11:- -DO- OF -DO- TO THE 3RD PETITIONER EXT.P12:- -DO- OF -DO- TO THE 4TH PETITIONER EXT.P13:- TRUE COPY OF PASSPORT ISSUED TO 6TH PETITIONER DT.25.11.02 EXT.P14:- TRUE COPY OF VOTER'S IDENTITY CARD ISSUED TO 8TH PETITIONER EXT.P15:- -DO- OF -DO- TO THE 7TH PETITIONER. EXT.P16:- TRUE COPY OF SALES TAX REGISTRATION CERTIFICATE ISSUED BY SALES TAX OFFICER, VANDIPERIYAR TO 2ND PETITIONER. EXT.P17:- -DO- OF -DO- TO 3RD PETITIONER. EXT.P18:- TRUE COPY OF SALES TAX REGISTRATION CERTIFICATE ISSUED BY SALES TAX OFFICER, VANDIPERIYAR ISSUED TO THE 4TH PETITIONER. EXT.P19:- -DO- OF -DO- TO 5TH PETITIONER. EXT.P20:- -DO- OF -DO- TO 6TH PETITIONER FIRM. EXT.P21:- TRUE COPY OF ASSESSMENT ORDER ISSUED TO 1ST PETITIONER BY AGRL. INCOME TAX & SALES TAX OFFICER, VANDIPERIYAR. EXT.P22:- -DO- OF -DO- TO TO 7TH PETITIONER. EXT.P23:- TRUE COPY OF CST REGISTRATION CERTIFICATE ISSUED TO 5TH PETITIONER. EXT.P24:- TRUE COPY OF PROFESSIONAL TAX PAID ISSUED TO THE 3RD PETITIONER BY KUMILY GRAMA PANCHAYAT. EXT.P25:- -DO- OF -DO- TO THE 4TH PETITIONER. EXT.P26:- -DO- OF -DO- TO THE 5TH PETITIONER. EXT.P27:- -DO- OF -DO- TO THE 8TH PETITIONER. EXT.P28:- TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONERS TO R2 DT.24.9.03 RESPONDENT'S EXHIBITS:- NIL okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No. 30412 OF 2003 ------------------------------- Dated this the 4th day of June, 2009. J U D G M E N T ---------------------- 1. The petitioners are natives of Kashmir, doing business in Handicrafts in Kumily town, near to the tourist spot of Thekkady. According to the petitioners they were conducting various shops dealing in Handicraft items since more than two decades and the business is being conducted after obtaining all necessary licences and registrations. The allegation is that subsequent to arrest of the 8th petitioner and his salesman in connection with Crime No:205/2003 registered at Kumily police station, the 3rd respondent and other policemen are creating constant harassment to the petitioners by insisting them to demolish all the show windows made of costly glass put in front of their shop rooms, demanding that the shop rooms need complete openness from outside. The petitioners are seeking directions against the respondents, for restraining them from taking steps as stated above and from interfering with the conduct of the trade in their shops in any manner. 2. When the above writ petition came up for admission on 26.9.2003, this Court was pleased to issue an interim W.P.(C).30412/03 2 direction to the 3rd respondent to maintain status quo with regard to the nature of the business carried out by the petitioners. However, it was made clear in the order that the petitioners will keep front door of their shop open during working hours. 3. The 3rd respondent, in his counter affidavit, submits that there occurred an incident on 11.9.2003 when a female French tourist was attempted to be molasted inside a shop room owned by one of the petitioners. It is stated that a criminal case was registered in this regard and the accused were arrested on 30.9.2003 and they were charge sheeted before the Judicial First Class Magistrate Court, Peermade. The accused including 8th petitioner herein was convicted in that case. It is further stated that pursuant to the above said incident, steps were taken to ensure safety measures to the foreign tourists, visiting the Handicraft shops. Accordingly suggestions were made to the merchants to remove the curtains and other blockades at their entrances, which will provide transparency from outside. It was also directed to display price lists of the goods and to restrain canvassing of tourists on road. Apart from such instructions issued, the police officials have not interfered in any manner with the business of the Kashmiri merchants or not made any kind of humiliation to them. W.P.(C).30412/03 3 4. The submission made by the 3rd respondent in the counter affidavit as above is placed on record. As ordered in the interim order, the petitioners will ensure that they are keeping the front door of their shops open during working hours for ensuring transparency. In view of the statement made by the 3rd respondent I do not feel that any further grievance survives on the issue. Hence the writ petition is accordingly closed. C.K.ABDUL REHIM, JUDGE. okb