IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH AUGUST 2009 /3RD BHADRA 1931 WP(C).No. 23757 of 2009(L) PETITIONERS: 1. SARATH CHANDRAN, SASTHYALAYATHIL, VARANAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. HARILAL KRISHNAN, THAYYIL KANDASSERIL, ARTHUNKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT. 3. GEORGE C.VARGHESE, CHENNOTH, MARY VILLA, KOKKOTHAMANGALAM, CHERTHALA, ALAPPUZHA DISTRICT. 4. R.SHIBU, CHELLIKANDATHIL, MUHAMMA P.O., CHERTHALA, ALAPPUZHA DISTRICT. 5. KARUNAKARAN, UNNI NIVAS, VARANAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.AMMINIKUTTY RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA. 4. THE CIRCLE INSPECTOR OF POLICE, CHERTHALA. 5. THE SUB INSPECTOR OF POLICE, AROOR. 6. SHAILENDRAN, S/O.KUNJAPPI, PADATHRA,SECRETARY, ANJILIKKADU SOUTH SCHEDULED CASTE COLONY ASSOCIATON, AROOR, ALAPPUZHA DISTRICT. ADV. SRI.T.RAMPRASAD UNNI FOR R6 GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.23757 OF 2009 APPENDIX PETITIONERS'S EXHIBITS: Ext.P1: True photocopy of the communication bearing NoA1-678/08 dated 18.05.07 issued by the Assistant Excise Commissioner, Alappuzha. Ext.P2: True photocopy of the judgment dated 17.07.2007 in W.P.C.No.13713/2007 and connected cases. Ext.P3: True photocopy of the judgment dated 28.08.2008 in W.P.C.No.16675/08. Ext.P4: True photocopy of the FIR NO.370/08 dated 06.08.2008. Ext.P4(a): True photocopy of FIR No.371/08 dated 07.08.2008. Ext.P5: True photocopy of the interim order dated 13.10..2008 in W.P.C.No.28531 of 2008. Ext.P6: True photocopy of the judgment dated 28.11.2008 in W.P.C.No.28531 of 2008. Ext.P7: True photocopy of the judgment dated 23.03.2009 in W.A No.965 of 2008. Ext.P8: True photocopy of the proceedings bearing No.A1-2281/07 dated 18.7.2009 Ext.P9: True photocopy of the relevant extract of the License in respect of T.S.No.24/09-10. Ext.P10: True photocopy of the representation dated 25.07.2008 submitted by the petitioners before the 5th respondent. RESPONDENTS'S EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23757 OF 2009 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayers: i. to issue a writ in the nature of Mandamus or such other writ, order or direction, commanding respondents 2 to 5 to afford adequate and meaningful protection to the petitioners and their employees to conduct T.S. No. 24/09-10 in Building No.XIII/274 in Sy. No. 389/11/1/2 of Kuthiyathode Village without any obstruction from the 6th respondent or his followers; ii. to issue a writ in the nature of Mandamus or such other writ, order or direction, directing the police to afford sufficient protection to the life and property of petitioners and their workers attached to T.S. No.24/09-10 while conducting the said toddy shop in its scheduled premises. 2. The 6th respondent has filed a counter affidavit. In paragraph 3 of the counter affidavit, it is stated as follows: W.P.(C)NO.23757/2009 2 “It is true that the 6th respondent and others had raised objections before the Excise authorities on the ground that the location of the shop is within the prohibited distance. Though the petitioners were afforded ample opportunities to locate an unobjectionable site, they are bent upon disturbing the 6th respondent and others by insisting the running of the Toddy shop at the disputed place. Naturally therefore, there is opposition. However, no Law and Order situation exists. Nor is there any unlawful obstruction caused by the 6th respondent and others at any time. The alleged threat etc., are totally false. The attempt of the petitioners is to silence any objection to the unauthorized running of a shop, licence to which was obtained at a time when there was a stay from this Hon'ble Court. Since there is no law and order situation there had been no failure on the part of the police. This respondent and other peace loving citizens of the locality have every right to object to the running of the Toddy shop, which will pose danger to the women-folk for a peaceful living in the area. Apart from raising such objections there is no conduct that can be called culpable, illegal or objectionable from the side of the 6th respondent or others.” The above submissions are recorded. It is made clear that the 6th respondent shall not take law in his hands so as to interfere with the lawful conduct of the toddy shop. Therefore, recording the submissions as extracted above and with the above clarification, the Writ Petition is disposed of , making it clear W.P.(C)NO.23757/2009 3 that in case there is any unlawful obstruction on the part of the 6th respondent or his henchmen, it will be open to the petitioners to bring the same to the notice of respondents 4 and 5, in which case appropriate action, in accordance with law, will be taken by the police to ensure that law and order is maintained. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.23757/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23757/2009 JUDGMENT 25th August, 2009