IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 6859 of 2011(F) ------------------------------------ PETITIONER(S): --------------------- K.R.INN, KARIKKAD P.O., PERUMPILAVU, THRISSUR DISTRICT, REPRESENTED BY ITS PROPRIETOR, K.REGHUNATHAN, AGED 57 YEARS, S/O.MAKKUTTY, KATTAMBIL HOUSE, PERUMPILAVU (PO), KUNNAMKULAM, THRISSUR. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE BY ADVS.SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.AJEESH K.SASI RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, PIN-680 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, PIN-680 503. 3. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM, PIN-680 503. 4. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM, PIN-680 503. 5. PRAJEED KUMAR, S/O.CHANDRAN, KARIMBATH HOUSE, AKKIKAVU, KARIKKAD P.O., THRISSUR DISTRICT, PIN-680 001. 6. NASSAR, S/O.MAINAR KUNJAPPAN, KALIYATHU PLAKAVIL HOUSE, PARUVAKUNNU, KARIKKAD P.O., THRISSUR DISTRICT, PIN-680 519. tss W.P.(C) NO.6859/2011 7. ILLIYAS, S/O.MAJEED, OSARUVEETTIL, PRIYADARSINI NAGAR, KARIKKAD VILLAGE, KARIKKAD P.O., PIN-680 519, KUNNAMKULAM, THRISSUR DISTRICT. 8. SHAMEER, S/O.MUHAMMED, KUZHIMEL HOUSE, KORATTIKKARA DESOM, KARIKKAD VILLAGE, KARIKKAD P.O., PIN-680 519, KUNNAMKULAM, THRISSUR DISTRICT. R1 TO R4 BY GOVT. PLEADER SMT.CHARISMA R5 TO R8 BY ADV. SRI.DEEPU THANKAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.6859/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FL-3 LICENSE HOTEL (RESTAURANT) LICENSE ISSUED TO THE PETITIONER HOTEL DTD. 24.3.2010. P2:- COPY OF THE LICENSE ISSUED BY THE KADAVALLOOR GRAMA PANCHAYAT THE PETITIONER HOTEL FOR CONDUCTING THE RESTAURANT DTD. 8.6.2010. P3:- COPY OF THE REPRESENTATION DTD. 19.2.2011 FILED BEFORE THE 4TH RESPONDENT. P3(a):- COPY OF THE RECEIPTS. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 6859 OF 2011 F ----------------------------------------------------------- Dated this the 16th March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Art.226 to respondents 1 to 4 to afford protection to the petitioner for the peaceful running of three star bar hotel and restaurant named as K.R.Inn owned by the petitioner, its proprietor. According to the petitioner respondents 5 to 8 are illegally obstructing and raising objections against the peaceful conduct of the bar. It is in these circumstances prayed that directions may be issued to respondents 1 to 4. According to the petitioner respondents 5 to 8 are taking law into their hands. They are muscle men of the locality. They are intimidating and threatening the petitioner. 2. Respondents 5 to 8 have entered appearance through counsel. The learned counsel asserts, and a counter affidavit to that effect has been filed to that effect, that respondents 5 to 8 have no intention whatsoever to obstruct the peaceful running of the K.R.Inn by the petitioner. False and frivolous allegations WPC 6859/2011 2 have been raised. Of course there are certain other disputes between the parties. There is an allegation that running of the hotel is causing environmental problems. Discharge of effluent i causing health hazards. Against that objections have been raised. But in any case it is admitted categorically that for such grievances respondents 1 to 4 shall take action in accordance with law and shall not physically obstruct the running of K.R.Inn by the petitioner. 3. The learned Govt. Pleader after taking instruction submits that in the perception of respondents 1 to 4 there is no threat to the life or property of the petitioner. The undertaking given by respondents 5 to 8 can be accepted. If there be any illegal conduct in violation of the undertaking given, respondents 1 to 4 shall take necessary action, submits the learned Govt. Pleader. 4. We record the submissions of the learned counsel for respondents 5 to 8. We record the submissions of the learned Govt. Pleader. We are satisfied that no further specific WPC 6859/2011 3 directions are necessary in this writ petition. This writ petition is in these circumstances allowed in part to the above extent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 6859/2011 4