IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 17869 of 2009(C) -------------------------- PETITIONER(S): --------------- M/S SUNNY JACOB BUILDERS & DEVELOPERS P.VT LTD,REP.BY ITS MANAGING DIRECTOR SRI.SUNNY JACOB,AGED 45 YRS,S/O.MATHEW CHACKO,THALATHIL HOUSE,MOUNT VARTHA,MUTTAMBALAM.PO,KANJIKUZHY, KOTTAYAM. BY ADV. SRI.K.V.SABU RESPONDENT(S): --------------- 1. SANKARANARAYANAN @ SANKAR,AGED 50 YRS, S/O.NARAYANAN,AYYAPPAN COLONY,KOTTAMUKKU,KOLLAM. 2. CIRCLE INSPECTOR OF POLICE,KOLLAM WEST. 3. DEPUTY SUPERINTENDENT OF POLICE, LAW & ORDER,KOLLAM. 4. SUPERINTENDENT OF POLICE, LAW & ORDER, KOLLAM. BY ADV. SRI.C.RAJENDRAN FOR R1 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.17869 OF 2009 EXT.P1 A COPY OF THE LICENCE ISSUED FROM KOLLAM MUNICIPAL CORPORATION BEARING NO.2555 DT. 4.5.2009. EXT.P2 A COPY OF THE PHOTOGRAPH OF THE PLASTIC THATCHED SHED. EXT.P3 A COPY OF THE COMPLAINT DT. 20.6.2009. EXT.P4 A COPY OF RECEIPT ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT BEARING NO.58/09 DT.20.6.2009. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 17869 OF 2009 ------------------------------- Dated this the 13th July, 2009 J U D G M E N T Raman, J. The petitioner is a company incorporated under the Companies Act, by name 'M/s.Dona Castle', which is a Four star hotel. The complaint of the petitioner is that they are not run the hotel because of the illegal strike in front of the same, at the instance of the party respondents. 2. At the time of admission, we have issued notice to the party respondents and they have entered appearance. We have heard the parties. 3. The learned counsel appearing for the petitioner submits that he has not even applied for a Bar licence. If so, there cannot be any grievance for the party respondents apprehending that a Bar may be opened in the hotel which may W.P.(C) No.17869/2009 2 violate the provisions of the Abkari Act, regarding the distance. There is no room for any such apprehension as of now. However, even if there is any agitation against starting a Bar in the hotel, the same shall be done, in accordance with law and in a peaceful manner, without causing any obstruction to the ingress and egress as also to the right of the petitioner to carry on his duties. In such circumstances, we dispose of the writ petition directing the second respondent to give necessary protection to the petitioner against any obstruction caused to the ingress and egress. However, any peaceful satyagraha shall not be interfered with by the police. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.