IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 13677 of 2009(D) -------------------------- PETITIONER(S): --------------- CHALAKUDY MERCHANTS ASSOCIATION, VYAPARA BHAVAN, MAIN ROAD, CHALAKUDY, REPRESENTED BY ITS GENERAL SECRETARY, JOJU G. PULLAN, S/O. GEORGE, AGED 39, PULLAN HOUSE, VETTI KAVU, CHALAKUDY. BY ADV. SRI.JAIJI ITTEN SRI.PRAMOD JAIJI RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, TRICHUR. 2. C.I OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY. 3. SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY. 4. THE ASST. EX. ENGINEER, PUBLIC WORKS DEPARTMENT (PWD), CHALAKUDY. 5. THE SECRETARY, C.P.I (M) RAILWAY STATION ROAD, CHALAKUDY. 6. THE SECRETARY, C.P.I, MARKET ROAD, CHALAKUDY. 7. THE PRESIDENT, INDIAN NATIONAL CONGRESS, SOUTH JN., CHALAKUDY. 8. THE PRESIDENT, BHARATHIYA JANATHA PARTY, SOUTH JN, CHALAKUDY. 9. THE SECRETARY, JANATHA DAL, SOUTH JN., CHALAKUDY. 10. THE SECRETARY, C.I.T.U, MARKET ROAD, CHALAKUDY. ADV. SRI.M.P.ASHOK KUMAR FOR R3 SRI.SHEEJO CHACKO FOR R5 & 6 SRIA.G.UNNIKRISHNAN FOR R5 & 6 SRI.DEVAN K.MENON FOR R5 & 6 GOVERNMENT PLEADER SHRI.M.A.ASIFH FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 13677/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.28.4.09. P2. COPY OF THE PETITION DTD.30.3.09, TO R3. P3. COPY OF THE RECEIPTS. P4. COPY OF THE ACKNOWLEDGEMENT CARD. P5. COPY OF THE PHOTOGRAPHS. P6. COPY OF THE PHOTOGRAPHS. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 13677 of 2009 ================== Dated this the 20th day of May, 2010 J U D G M E N T The petitioner has filed this writ petition seeking the following relief: “a) By issuing a Writ of Mandamus against respondents no. 1 to 4 directing them to consider Exhibit P2 petition immediately and take necessary action to prevent the erection of stages and meetings being conducted before the shop rooms of the members of the petitioner association by the political parties under the banner of respondents no. 5 to 10 and also to see that the taxi cars and autorikshaws are not parked in front of the shops completely blocking its entrance for its user by the owners, customers and the general public. It is also prayed to give protection to the members of the petitioner association to do their business smoothly.” The petitioner has prayed for an interim relief as follows: “For the reasons stated in the accompanying Writ Petition, this Hon'ble Court may be pleased to direct the respondents no. 1 to 4 to consider Exhibit P2 petition immediately and take necessary action to prevent the erection of stages and meetings being conducted before the shop rooms of the members of the petitioner association by the political parties under the banner of respondents no. 5 to 10 and also to see that the taxi cars and autorikshaws are not parked in front of the shops completely blocking its entrance for its user by the owners, customers and the general public. It is also prayed to give protection to the members of the petitioner association to do their business smoothly, till the disposal of the above Writ Petition, in the interest of justice.” 2. On 17.12.2009, this Court passed an interim order as follows: “Heard the learned counsel appearing on both sides. It is brought to my notice that in identical circumstances, a learned single Judge of this Court has passed an interim order in W.P.(C).18993 of 2006 directing the Superintendent of Police (Rural), Ernakulam and the Circle Inspector of Police, Angamaly, not to permit public meetings to be conducted at Angamaly kavala in front of the shops run by the petitioners in that writ petition. It is evident from the photographs produced in the instant case that respondents 1 to 3 are permitting such meetings to be held causing w.p.c.13677/09 2 obstruction to a large number of shop owners in Chalakudy town. I am therefore satisfied that the petitioner has made out a prima facie case warranting the grant of the interim relief prayed for. There will accordingly be an interim order as prayed for until further orders.” I have no doubt in my mind that nobody can dispute the fact that no political party or individual has any right to conduct meetings and processions in a public road, that too, causing inconvenience to shops by the side of the road and the public using the road. In fact this question has been the subject matter of other writ petitions in respect of bandhs called by political parties. As such, I am of opinion that this writ petition itself can be disposed of in terms of the interim order. Accordingly, this writ petition is disposed of in terms of the interim order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge