IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 13990 of 2011(W) ---------------------------------- PETITIONER(S): ------------------- P.D.MARTIN, AGED 40, S/O.DEVASSYKUTTY, PADAYATTY HOUSE, CHENGAL, KANJOOR NORTH VILLAGE, KALADY P.O., ERNAKULAM DISTRICT, PIN-683574. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE (RURAL) ALUVA, ERNAKULAM DISTRICT, PIN-683101. 2. DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 035. 3. CIRCLE INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY, PIN-683574. 4. SUB-INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY, PIN-683574. 5. THE SECRETARY, KALADY GRAMA PANCHAYATH, KALADY, ERNAKULAM DISTRICT, PIN-683574. 6. V.P.THANKACHAN, S/O.PAPPACHAN, VARAIKULAM HOUSE, CHENGAL, KANJOOR NOTH VILLAGE, KALADY P.O., ERNAKULAM DISTRICT, PIN-683574. 7. K.A.ANTU, S/O.ANTHONY, KALLUNGAL HOUSE, MATTOOR VILLAGE, MATTOOR, KALADY P.O., PIN-683574. svs .........2/-... ...2... WPC.NO.13990/2011 8. K.P.VARGHESE, S/O.PAPPU, KALLUNGAL HOUSE, MATTOOR VILLAGE, MATTOOR, KALADY P.O., PIN-683574. 9. P.P.JOHNSON, S/O.PAPPU, PAYYAPPILLY HOUSE, KALADY VILLAGE, KALADY P.O., PIN-683574. 10. P.D.CHAKKU, S/O.CHAKKU, PAREKATTIL HOUSE, MAROTTICHODU, MATTOOR VILLAGE, MATTOOR, KALADY P.O., PIN-683574. 11. E.P.ALOSHY, S/O.PAPPU, ITHAPPIRY HOUSE, MATTOOR VILLAGE, MATTOOR, KALADY P.O., PIN-683574. 12. E.P.ANTHONY, S/O.PAPPU, ITHAPPIRY HOUSE, MATTOOR VILLAGE, MATTOOR, KALADY P.O., PIN-683574. 13. P.A.STEPHEN, S/O.AUGUSTHY, PAYYAPPILLY HOUSE, KALADY VILLAGE, KALADY P.O., PIN-683574. 14. V.U.ASHRAF, S/O.YUSEF, VADAYAPADATH HOUSE, KANJOOR NORTH VILLAGE, CHENGAL, KALADY P.O., PIN-683574. 15. P.P.SIMON, S/O.PAPPU, PAYYAPPILLY HOUSE, KALADY VILLAGE, KALADY P.O., PIN-683574. 16. A.P.BIJU, S/O.POULOSE,ARACKAL HOUSE, ANGAMALY VILLAGE, ANGAMALY P.O., PIN-683572. 17. K.D.SABU, S/O.THOMAS, KANNAPPILLY HOUSE, AYYAMPUZHA VILLAGE, CHANDRAPURA, MANJAPRA. 18. MOIDEEN, S/O.KOCHUKUNJU, ANJIKKADAN HOUSE, SREEMOOLANAGARAM VILLAGE, KAIPRA, SREEMOOLANAGARAM P.O.683 580. R1 TO R4 BY GOVT.PLEADER SRI.T.K.VIPINDAS R5 BY ADV. SRI.SREEPRAKASH K.NAIR R6-11, R13 TO 16 & 18 BY ADV. SRI.SAIBY JOSE KIDANGOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13990/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF AUTHORIZATION LETTER DATED 01/04/2011 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. P2: COPY OF THE LIST ISSUED BY THE 5TH RESPONDENT SHOWING AREA AND NAME OF SHOP OWNERS OF KALADY GRAMA PANCHAYAT. P3: COPY OF COMPLAINT DATED 19/05/2011 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT. P4: COPY OF COMPLAINT DATED 19/05/2011 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT. P5: COPY OF COMPLAINT DATED 19/05/2011 SUBMITTED BY THE PETITIONER TO 4TH RESPONDENT. P6: COPY OF COMPLAINT DATED 19/05/2011 SUBMITTED BY THE PETITIONER TO 5TH RESPONDENT. RESPONDENT'S EXHIBITS: R6(a):COPY OF THE NOTICE NO.A2-4605/10-11 DATED 26/04/2011. R6(b):COPY OF THE COMPLAINT DATED 13/05/2011 PREFERRED BY THE RESPONDENTS TO THE 4TH RESPONDENT. R6(c):COPY OF THE COMPLAINT PREFERRED BY THE RESPONDENTS TO THE SUB INSPECTOR OF POLICE DATED 15/05/2011 . R6(d):COPY OF THE COMPLAINT PREFERRED BY THE RESPONDENTS TO THE 4TH REPONDENT DATED 25/05/2011. /TRUE COPY/ P.A. TO JUDGE. svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.13990 of 2011 ------------------------------- Dated this the 8th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. Petitioner claims to be a person authorised to collect market fee from the market conducted by the Kalady Grama Panchayat, for the period 1.4.2011 to 31.3.2012. According to the petitioner, the right to collect the 'market fee' was auctioned to him for a total sum of Rs.4 lakhs. Respondents 6 to 18 are persons conducting business in different stalls situated within the premises of the market in question. According to the petitioner, respondents 6 to 18 is continuously raising threats against the petitioner from entering in the market and from collecting the 'market fee'. It is stated that respondents 6 to 18 are also causing threat to the life of the petitioner. Eventhough the petitioner submitted Exts.P3 to P6 complaints before respondents 1 to 5, no action was taken and due to the illegal obstruction and 2 W.P.(C) No.13990 of 2011 threat caused by respondents 6 to 18, the petitioner is losing huge amounts on every day. Hence the petitioner is seeking police protection to his life as well as protection to the activity of collecting 'market fee' from the Kalady Grama Panchayat market. 2. In the counter affidavit filed on behalf of respondents 6 to 11, 13 to 16 and 18 it is contended that, in the matter of collecting the 'market fee' the petitioner is not following the proper procedure to be adopted. According to them, the market fee, ground rent and other fee legally payable to the 5th respondent Panchayat is being remitted by them without any default. But the petitioner herein started to threaten these respondents with a view to collect huge amounts illegally, which is much higher than the rates notified. It is alleged that the petitioner is influencing the 5th respondent Panchayat by using his political clout in order to get support for his illegal activities. According to these respondents, they have raised various complaints before the police authorities against the illegal and high- 3 W.P.(C) No.13990 of 2011 handed actions of the petitioner. It is alleged that the petitioner is having criminal background and he is accused in more than 10 criminal cases, registered for various offences punishable under Indian Penal Code, Abkari Act, Explosive Act and PDPP Act etc. It is also alleged that the petitioner was detained under the Kerala Anti-social Activities (Prevention) Act. It is further conceded that the 5th respondent Panchayat had issued notice to these respondents demanding payment of various amounts due, the correctness of which is in serious dispute. The drastic steps proposed by the 5th respondent alleging non-payment of such amounts is under challenge before this Court in various writ petitions filed by some of the respondents. It is stated that there are interim order issued by this Court against eviction of those stall owners from the premises. 3. In a statement filed by the 5th respondent Panchayat it is mentioned that, respondents 6 to 18 have defaulted payment of licence fee at the required rates and various amounts are due from each of them. It is further stated that 4 W.P.(C) No.13990 of 2011 the 5th respondent Panchayat had initiated steps for realisation of amounts due from the stall owners and some of the stall owners have approached this Court challenging such demand and the dispute with respect to correctness of such demand is now pending adjudication before this Court. 4. Considering the fact that there exists dispute regarding the amount of market fee payable, a direction to issue police protection as sought for by the petitioner may create further confusion. However, learned counsel for the contesting respondents concede that they are prepared to remit the stall rent as notified by the 5th respondent, without any fail. If there is any non payment of the required stall rent and other charges either by the stall owners or by any other person using the facilities in the market, it is for the petitioner to bring the same to the notice of the 5th respondent Panchayat and to take effective steps for collecting such amounts by taking appropriate coercive steps against the defaulters. As per the provisions contained in the Kerala Panchayat Raj Act and the relevant 5 W.P.(C) No.13990 of 2011 Rules, the 5th respondent is always at liberty to enforce the collection through appropriate steps provided thereunder. In such collection if the 5th respondent Panchayat finds it necessary to enforce such right through assistance of police authorities, it will be always left open to the 5th respondent to seek such assistance by moving the appropriate authority. However, since the liability regarding the payment of various charges and fee by respondents 6 to 18 is a matter which is now pending adjudication in various writ petitions before this Court, we are not inclined to grant any police protection to the petitioner to collect the amounts allegedly due from respondents 6 to 18. However, it is observed that respondents 6 to 18 have no manner of right to cause any threat to the activities of the petitioner in collecting the market fee, since he is the duly authorised person. So also the respondents 6 to 18 are not entitled to take law into their own hands or to cause any intimidation to the life of the petitioner. Since we have already observed that the 5th respondent is having liberty to take appropriate 6 W.P.(C) No.13990 of 2011 steps, we are not granting any relief as prayed for in this writ petition. The parties are left to resolve the dispute regarding the rate of fees payable through appropriate steps. The writ petition is disposed of with the above observations. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/