IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 5613 of 2010(B) ------------------------------------------------ PETITIONER(S): ---------------------- JOSEPH JOSEPH (REJI) S/O.CHACKO JOSEPH, AGED 39 NELLIKATTU, NARAKAKKANAM PO IDUKKI DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): ------------------------ 1. S.I.OF POLICE,KONNI. 2. C.I.OF POLICE, KONNI. 3. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. GIRISH @ VIKARAMAN AZHAKUTTOM, V.KOTTAYAM. 5. SHAJI S/O.SREEDHARAN, VALLUVELIL HOUSE,V.KOTTAYAM. 6. GOPALAKRISHNAN @ PATTA, CHELLAKKATTU HOUSE, V.KOTTAYAM. 7. UNNI, S/O.UTHAMAN NAIR (TEMPORARY STAFF OF PRAMADOM GRAMA PANCHAYATH) V.KOTTAYAM. 8. SASIKUMAR @ UNNAN S/O.JANARDHANAN, CHITTEDATH HOUSE, V.KOTTAYAM. W.P.(C).NO.5613 OF 2010 B 9. AJIN S/O.MANIYANPILLAI, CHETTIYARAYYATH HOUSE, V.KOTTAYAM. * 10. SURESH TIBER MERCHANT V.KOTTAYAM. (DELETED) 11. UTHAMAN VARAMBEL HOUSE, V.KOTTAYAM. 12. PRAKASH OPP.TODDY SHOP.NO.8, V.KOTTAYAM. 13. PRASANTH S/O.KOCHUKUTTY, PARAYIL HOUSE, V.KOTTAYAM. * 14. UNNI BROTHER OF ANIKUTTAN, V.KOTTAYAM.(DELETED) (RESPONDENTS 10 & 14 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 1.3.10 IN I.A.NO.2765/10). R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.5613 OF 2010 B PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE LICENCE NO.PTA 70/08-09. EXT.P2TRUE COPY OF THE COMPLAINTS DATED 18.2.2010 & 12.02.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3TRUE COPY OF THE FIR DATED 17.02.2010. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.5613 OF 2010 B --------------------------------------------------- Dated this the 25th June, 2010 JUDGMENT K.M. Joseph, J. Petitioner is stated to be a licensee of toddy shop Nos.5,6,7,8,9 of Group II of Konni Range. According to him, he is having valid licence. His complaint is based on the obstruction by respondents 4 to 14 in the functioning of the toddy shop No.8 in Group II of Konni Range at Vallikodu Kottayam. 2. The ground taken is that the petitioner has got a licence. Ext.P1 is the licence. Ext.P1 is issued by the Excise Department under the Abkari Act. Petitioner does not profess to have a licence issued by the Panchayat. A Division Bench of this Court in Bosco Antony v. State of Kerala (2007 (4) KLT 526) has held that if the Panchayat has declared that the Panchayat Licence is necessary, by notifying it in the proper way, the licence from the Panchayat is mandatory. We gave time to the petitioner to WPC.5613/2010 B 2 produce the licence from the Panchayat. No licence is produced. Petitioner does not also have a case that licence from the Panchayat is not necessary in the instant case. Following the aforesaid Judgment of the Division Bench, we dispose of the Writ Petition directing that if the petitioner, after getting licence from the Panchayat, moves the Police, they will ensure that the ingress and egress of the customers and workmen of the petitioner are not obstructed by respondents 4 to 14. The direction for protection will remain only as long as there is a valid licence under the Excise Department. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge