IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 28540 of 2011(N) -------------------------------- PETITIONER(S): ------------------ P.R.CHELLAPPAN, AGED 58 YEARS S/O.RAMAMN (LATE) PUNNAVELIL HOUSE, MAMTHURUTHY PO, KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW SRI.C.C.THOMAS (SR. ADV.) RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE PONKUNNAM,KOTTAYAM DISTRICT-686506 2. THE CIRCLE INSPECTOR OF POLICE PONKUNNAM, KOTTAYAM DISTRICT.-686506 3. THE DEPUTY SUPERINTENDENT OF POLICE KANJIRAPPALLY, KOTTAYAM DISTRICT.-686507 4. THE DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM.-686001 5. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.-695001 6. STATE OF KERALA, REP BY SECRETARY (HOME AFFAIRS) GOVT OF KERALA THIRUVANANTHAPURAM 695 001. WP(C).No. 28540 of 2011(N) -2- 7. SUKUMARAN, PARIYARATHU HOUSE URULIKUNNAM PO, PAIKA, PALA,KOTTAYAM DISTRICT-686575 8. MRS. YAMUNA PRASAD MEMBER, ELIKKULAM GRAMA PANCHAYATH KOORALI PO, PONKUNNAM, KOTTAYAM DISTRICT 686 522. 9. JAMES CHACKO JEERAKATHIL,JEERAKATHIL HOUSE, URULIKUNNAM PO, POOVARANI PONKUNNAM, KOTTAYAM DISTRICT. 686 575. ADV. SRI.SAJU JOHN FOR R7 SRI.P.C.HARIDAS FOR R8 & 9 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28540 of 2011(N) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE TODDY SHOP LICENSE IN RESPECT OF T.S. NO.67 ISSUED BY THE DY. COMMISSIONER OF EXCISE, DATED 14/10/11. EXT.P2:- PHOTOCOPY OF THE PETITION DATED 22/10/11 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3:- PHOTOCOPY OF THE PETITION DATED 24/10/11 SUBMITTED BEFORE RESPONDENTS 1 TO 6. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.28540 of 2011 ------------------------------------------------ Dated this the 9th day of November, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition, the petitioner seeks police protection for the conduct of T.S No.67 in Kanjirappally, Excise Range. Sri.C.C.Thomas, the learned senior counsel for the petitioner would very fairly bring to our notice the Division Bench judgment of this Court in Bosco Antony v. State of Kerala (2007(4) KLT 526) and submits that as at the moment the petitioner does not have licence from the Panchayat, the petitioners may not be justified in seeking police protection. He further, submitted that in the counter affidavit filed by the 7th respondent, it has been stated by the 7th respondent that the 7th respondent will be ready and willing to let out the 7th respondent's building where the petitioner was previously conducting Toddy Shop provided the petitioner pays reasonable rent. Sri.C.C.Thomas W. P. C. No.28540 of 2011 -2- requested that we explore the possibilities of a settlement of the rent issue between the petitioner and the 7th respondent. In deference of the request of the learned senior counsel, we enquired of the learned counsel for the 7th respondent as to whether the 7th respondent will be willing to let out the building to the petitioner on a monthly rental of ` 3,000/- the rate which was suggested by Sri.Thomas and further to receive a substantial amount by way of security. The learned counsel for the 7th respondent submitted that at the moment the 7th respondent is insisting on getting at least ` 10,000/- by way of monthly rent. We dispose of the Writ Petition issuing the following orders:- 2. Relief of police protection sought for is declined. The petitioner is directed to file a petition before the District Legal Services Authority (DLSA), Kottayam within a period of three weeks from today. If the petitioner files such a petition arraying the 7th respondent as the respondent, the District Legal Services Authority, Kottayam will register the petition as a PLP and will place the PLP in one of the Adalats to be W. P. C. No.28540 of 2011 -3- conducted by the DLSA, Kottayam in the near future. The functionaries of the DLSA, Kottayam will try their level best to ensure that the dispute between the petitioner and the 7th respondent over rent and other incidental issues in respect of the building belonging to the 7th respondent is settled amicably. PIUS C. KURIAKOSE JUDGE K. HARILAL JUDGE kns/-