IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 611 of 2009(W) -------------------------------------- PETITIONER(S): ------------------------- SASI, AGED 48 YEARS, S/O.KUTTAN, PRACKAL HOUSE, KARIMATTOM KARA, KARIMATTOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADVOCATES MR.K.RAMACHANDRAN MR.S.SREEDEV RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, KERALA SECRETARIAT, TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE, KALLOORKADU, MUVATTUPUZHA, ERNAKULAM. 3. SUPRAN, S/O.SANKARAN, PUTHENPURACKAL HOUSE, KALAMPOOR KARA, ENANEELLOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 4. NARAYANAN ACHARI, S/O.CHELLEPPAN ACHARI, ALACKAPARAMBIL HOUSE, ENANEELLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. *ADDL.R5 TO R8 ARE IMPLEADED: R5. SAINUDEEN, S/O.IBRAHIM, KOTHAYI HOUSE, ENANELLOOR P.O., KALAMPOOR. R6. PUSHPA KUNJU , W/O.KUNJU, NADUVILEDATH HOUSE, ENANELLOOR P.O., KALAMPOOR. Kss ..2/- ..2.... WPC.NO.611/2009 W R7. REMA KRISHNANKUTTY, W/O.KRISHNANKUTTY, KULANGOTTIL HOUSE, ENANELLOOR P.O., KALAMPOOR. R8. K.P.RAJAPPAN, S/O.PARAMESWARAN ACHARI, ALAKAPARAMBIL HOUSE, ENANELLOOR P.O., KALAMPOOR. (*ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DTD. 19/01/2009 IN I.A.NO.671/09) *ADDL.R9 IS IMPLEADED: R9. ASSISTANT EXCISE COMMISSIONER, ERNAKULAM EXCISE DIVISION, ERNAKULAM. (*ADDL.R9 IS IMPLEADED AS PER ORDER DTD. 19/01/2009 IN I.A.NO.858/2009) R1 & R2 BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL R3 & R4 BY ADVOCATES MR.E.D.GEORGE, MR.P.M.SANEER . ADDL.R5 TO R8 BY ADVOCATES MR.M.C.CHERIAN, MR.M.A.THOMAS KUTTY, MS.ASHA CHERIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.P.(C) No. 611 of 2009 - W ---------------------------------------- Dated this the 28th day of January, 2009 Judgment Koshy, Ag.C.J. This is a petition for police protection. Petitioner has got a licence to conduct toddy shop No.72/08-09. It is the case of the petitioner that even though he has got licence and 28 employees, he is being obstructed from conducting the toddy shop by force and threatening. Party respondents attempted to get injunction from the court. It was also failed. Respondents pointed out Ext.R5 (e). That was also considered by the Lower Court while refusing to grant injunction. It is argued that trade licence is different from permission to start toddy shop and trade licence has to be given on payment of fees, if it is not illegal otherwise. If the persons in the locality has got any objection, it is for them to approach the Excise authorities or State Government for taking action in cancelling or shifting the licence. It is the contention of the petitioner that they have to pay one year kist and they paid the amount upto 31st March, 2009. Taking into account all these contentions, we are of the view that police protection should be granted till 31st March, 2009. W.P.(C) No.611/2009 2 Thereafter, renewal of licence shall not be granted unless Ext.R5 (e) is vacated by the Panchayat or by any higher authorities, according to law. Objections filed by the respondents also should be considered by the Excise authorities while considering the application for renewal of licence for the next year. Parties cannot take law into their hands. Unless there are valid prohibitory orders effective police protection should be given for conducting the shop. The writ petition is disposed of accordingly. J.B.Koshy Acting Chief Justice V. Giri Judge vaa