IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23570 of 2009(M) -------------------------- PETITIONER: --------------- BIJU.C.JOHN, AGED 29 YEARS, S/O. JOHN MARKOSE, CHERUVIL HOUSE, KUMBANADU.P.O THATTKKATTU DESOM, THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: 1. THE SUB INSPECTOR OF POLICE, RANNY, PATHANAMTHITTA DIST. 2. THE C.I.OF POLICE, RANNY, PATHANAMTHITTA DIST. 3. THE DEPUTY SUPDT. OF POLICE,THIRUVALLA. 4. THE DISTRICT SUPDT. OF POLICE, PATHANAMTHITTA. 5. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REP. BY SECRETARY (HOME AFFAIRS), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 7. MUKUNDAN, VIJAYA VILASAM, PUTHIMOODU.P.O., RANNY PATHANAMTHITTA DIST. 8. SHYJU S/O. KAMALASANAN, MAMPARA HOUSE, PUTHIMOODU.P.O., RANNY, PATHANAMTHITTA DIST. 9. ABHIJITH, S/O. ANANDAN,MAMPARA ASARIPARAMBIL HOUSE, PUTHIMOODU.P.O., RANNY, PATHANAMTHITTA DIST. GOVT. PLEADER SRI. T.K VIPINDAS SRI.BEPIN VIJAYAN -R7 TO R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.23570 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: Photocopy of toddy shop license No.PTA/88/09-10 in respect of toddy shop No.3/09-10 issued by the Asst.Excise Commissioner dated 4.8.2009. Ext.P2: Photocopy of the petition dated 12.8.2009 submitted before the 1st respondent with copies to respondents 2 to 6. RESPONDENTS'S EXHIBITS: Ext.R7(a): A true copy of the complaint memorandum dated 11.8.09 submitted by the Secretary of the Kairali Vanitha Ayalkootam and 186 others to the District Collector, Pathanamthitta. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23570 OF 2009 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed mainly with the following prayer: “issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 6 to give necessary and adequate police protection to the petitioner, management staff, workers, T.S. No.3 covered by Ext.P1 licence, customers, the vehicles coming to the toddy shop bringing toddy etc, as per the request in Ext.P2 forthwith.” 2. In the counter affidavit filed on behalf of respondents 7 to 9, it is stated that the area where the petitioner is licensed to conduct the toddy shop is a thickly populated area and the general public have been using the same as a bus stop and waiting shed. 3. These are all matters for the party respondents and the public to bring to the notice of the licensing authority in which case, at least while W.P.(C)NO. 23570/2009 2 renewing the licence, such grievances can be looked into. So long as the petitioner is conducting a licensed toddy shop, there cannot be any unlawful obstruction on the part of the party respondents. In law, their entitlement is only to conduct a peaceful demonstration. But, such demonstration or agitation shall not interfere with the conduct of the toddy shop, so long as it is in a licensed premise. In the event of any unlawful obstruction, the first respondent shall render necessary protection to the petitioner. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 23570/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23570/2009 JUDGMENT 25th August, 2009