IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 OP.No. 16893 of 2002(J) ------------------------------- PETITIONER: -------------------- V.GIBI, S/O. VISHWADEVAN, AGED 28 YEARS, THEKETHARAYIL HOUSE, PALLIPADUMURY, THRIKUNNAPUZHA P.O., KARTHIKAPPILLY TALUK, ALAPPUZHA. BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.MATHEW PHILIP EDAPPALLIL SRI.JIKKU GEORGE JACOB SRI.T.K.M.SHARAFUDHEEN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT(TAXES), SECRETARIAT, TRIVANDRUM. 2. THOMAS VARGHESE, TAHASILDAR KARTHIKAPILLY TALUK, ALLAPPUZHA DISTRICT. 3. S.SUGUNANANDAN, VILLAGE OFFICER, THRIKUNNAPUZHA, ALAPPUZHA DISTRICT. 4. DISTRICT COLLECTOR, ALAPPUZHA. 5. ASSISTANT EXCISE COMMISSIONER, ALLAPUZHA. 6. COMMISSIONR LAND REVENUE, TRIVANDRUM 7. SUPERINTENDENT OF POLICE, ALLAPUZHA. 8. K.NAKULAN, MAMOOTTIL HOUSE, KIZHAKEKARA THEKKU, THRIKUNNAPUZHA. ADVS. SRI.R.KRISHNA RAJ FOR R1 SRI.N.N.NARAYANA PILLAI FOR R8 GOVERNMENT PLEADER SRI. JAIBY PAUL FOR R3,4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 28793 OF 2002 IN O.P. NO. 16893 OF 2002 CLOSED Sd/- 18.03.2011 K. SURENDRA MOHAN, JUDGE TRUE COPY PA TO JUDGE smt K.SURENDRA MOHAN, J ........................................... O.P.NO.16893 OF 2002 ............................................ DATED THIS THE 18th DAY OF MARCH, 2011 JUDGMENT This writ petition was filed in the year 2002 complaining of high handed acts committed by respondents 2 and 3, who are alleged to have caused loss and damage to the petitioner. The petitioner was the licensee of a toddy shop, T.S.No.3/2002-2003 situated in Thrikkunnapuzha Village of Karthikappally Range. He was conducting the toddy shop in a building bearing Door No.V/99 of Thrikkunnapuzha panchayat, which is the licensed premises. According to the petitioner, the premises were taken on rent from the 8th respondent. The writ petition was filed on the allegation that respondents 2 and 3 had come to the toddy shop on 18.6.2002 without any notice and had demolished a portion of the building. The toddy kept in the shop for sale as well as the food kept for serving the customers were also taken away along with the utensils. The petitioner therefore prayed for the issue of directions commanding respondents not to interfere with the functioning of the toddy shop. op 16893/2002 2 2. Separate counter affidavits have been filed by respondents 2 and 4 pointing out that the toddy shop was being conducted from a shed that was put up on the thodu puramboke and that the functioning of the said shop was causing public nuisance. Therefore, action was taken to demolish the same and the shed was demolished. But according to the respondents, the shed was put up again and vending of toddy was again started by the petitioner. It is submitted by the learned Government Pleader that the license was valid only for the year 2002-2003 and therefore the license has also expired long back. 3. When this case is taken up, there is no representation for the petitioner. It is apparently for the reason that the license of toddy shop that was valid only for the year 2002-2003 would have expired long back. 4. Though the specific contention of the respondents 2 and 4 are that the toddy shop had been put up without any authority on puramboke land, and that it was for the said reason that the same was demolished, no reply affidavit is seen filed traversing the said contention. It is beyond dispute that the petitioner has no right to carry on his business of vending toddy by putting up a op 16893/2002 3 shed on the puramboke land. It is also clear that the license in his favour would have expired long back. It is for the said reason that the petitioner is not even represented when the case is taken up today. 5. I do not find any grounds to interfere with the impugned action from the respondents. The Writ petition fails and it is accordingly dismissed. K.SURENDRA MOHAN, JUDGE lgk op 16893/2002 4 K.SURENDRA MOHAN, J O.P. 16893/2002 JUDGMENT DATED 18TH MARCH, 2011