IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 37427 of 2010(C) --------------------------------- PETITIONER(S): ------------------- P.K.KAMALAPPAN, LICENSEE OF TODDY SHOP NOS, 33 TO 39 (2010-11) GROUP NO.VI, ETTUMANOOR RANGE, KOTTAYAM DIVISION, KOTTAYAM. BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) RESPONDENT(S): --------------------- 1. K.M.RAJAPPAN, THADATHILPARAMBIL, KAIPUZHA, KOTTAYAM - 686 602. 2. ETTUMANOOR RANGE CHETHU THOZHILALI UNION (CITU), REPRESENTED BY THE SECRETARY, SRI.K.N.RAVI, ETTUMANOOR, KOTTAYAM - 686 631. 3. THE SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM - 686 008. (HAVING JURISDICTION OVER T.S.NO.38) 4. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST, KOTTAYAM - 686 001. (HAVING JURISDICTION OVER T.S.NO.38) 5. THE SUPERINTENDENT OF POLICE, KOTTAYAM - 686 001. 6. SIDHARDHAN, C/O.ETTUMANOOR RANGE CHETHU THOZHILALI UNION (CITU), ETTUMANOOR, KOTTAYAM - 686 631. R1, 2 & 6 BY ADV. SRI.T.A.SHAJI R3 TO R5 BY GOVT.PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 37427/2010(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE 1ST AND LAST PAGE OF LICENCE IN RESPECT OF T.S. NO.38. P2: COPY OF INTER DIVISION TODDY TRANSPORT PERMIT IN RESPECT OF T.S. NO.38. P3: COPY OF NOTICE DATED 04/11/2010 ISSUED BY THE PETITONER TO THE 1ST RESPONDENT. P4: COPY OF NOTICE DATED 30/10/2010 ISSUED BY 2ND RESPONDENT UNION. P5: COPY OF PETITION DATED 22/11/2010 SUBMITTED BEFORE THE SUB INSPECTOR, GANDI NAGAR. P6: COPY OF APPLICATION DATED 26/11/2010 DATED FILED BEFORE NEENDOOR PANCHAYATH. P7: COPY OF RECEIPT NO.5472/2010 DATED 26/11/2010 FOR EXT.P6. P8: COPY OF LICENCE NO.69/10-11 DATED 14/12/2010 ISSUED BY NEENDOOR PANCHAYATH. P9: COPY OF COUNTER AFFIDAVIT DATED 11/12/2010 FILED BY RESPONDENTS 1 AND 2 IN WPC NO.35934/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.37427 of 2010 ***************************** Dated this the 4th day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court for a direction to the police to enable him to peacefully conduct his toddy shop business. Respondents 1, 2 and 6, ie. the party respondents, have entered appearance. They submit through their counsel that they are only agitating peacefully. They undertake that they will not obstruct the functioning of the petitioner's toddy shop and shall not in any way obstruct the tapping of trees. This undertaking of respondents 1, 2 and 6 is taken note of and is recorded. No further directions are necessary. 2. This Writ Petition is, in these circumstances, allowed accepting the undertaking of respondents 1, 2 and 6. If they violate the terms of the undertaking, needless to say, respondents 3 to 5 can be approached by the petitioner, who shall take necessary action against respondents 1, 2 and 6. Needless to say, we have not intended to express any opinion on W.P(C) No.37427 of 2010 2 the merits of the dispute between the petitioner and respondents 1, 2 and 6. The parties shall be at liberty to raise their contentions before appropriate fora and seek legal remedies. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/