Sheejamol vs The Director General Of Police
2021 Latest Caselaw 13933 Ker

WP(C) NO. 9549 OF 2021        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                     WP(C) NO. 9549 OF 2021
PETITIONER/S:

          SHEEJAMOL,
          AGED 47 YEARS,
          W/O BINOI GEORGE,
          CHERUKARA HOUSE, EROOR WEST, TRIPUNITHURA,
          ERNAKULAM-682306.(FL03/E.120/2020-21), KOTTAVATHIL
          RESTAURANT, ERNAKULAM,
          NEAR STATUE JUNCTION, TRIPUNITHURA.

          BY ADVS.
          R.DIVAKARAN
          SRI.BINOI GEORGE (CHERUKARA)



RESPONDENT/S:

    1     THE DIRECTOR GENERAL OF POLICE,
          POLICE HEAD QUARTERS, PATTAM P.O,
          THIRUVANANTHAPURAM-695004.

    2     DISTRICT SUPERINTENDENT OF POLICE,
          PATHANAMTHITTA DISTRICT, RING ROAD, THAZHEVETTIPRAM
          P.O, PATHANAMTHITTA-689645.

    3     THE STATION HOUSE OFFICER,
          THIRUVALLA POLICE STATION, THIRUVALLA.P.O,
          PATHANAMTHITTA-689101.

    4     CIRCLE INSPECTOR OF EXCISE,
          KERALA STATE BEVERAGES CORPORATION, FL-9, WARE
          HOUSE, THIRUVALLA P.O, THIRUVALLA,
          PATHANAMTHITTA-689101.

    5     MANAGER,
          KERALA STATE BEVERAGES CORPORATION,
          THIRUVALLA.P.O,
          PATHANAMTHITTA DISTRICT-689101.
 WP(C) NO. 9549 OF 2021           2



     6       LORRY DRIVER'S ASSOCIATION,
             BHARATIYA MAZDOOR SANGH,
             KERALA STATE BEVERAGES CORPORATION, THIRUVALLA P.O,
             PATHANAMTHITTA DISTRICT-689101, REPRESENTED BY ITS
             SECRETARY.

     7       LORRY DRIVER'S ASSOCIATION,
             CITU,
             KERALA STATE BEVERAGES CORPORATION, THIRUVALLA P.O,
             PATHANAMTHITTA DISTRICT-689101, REPRESENTED BY ITS
             SECRETARY.




             SRI P P THAJUDEEN, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9549 OF 2021             3




                                JUDGMENT

The petitioner states that she is the FL-3 License holder of

Kottavathil Restaurant functioning near Statue Junction, Tripunithura. She

has two vehicles that are being used for transportation of liquor from the

warehouse of the Kerala State Beverages Corporation to the establishment

of the petitioner. She contends that on 19.03.2021, when the petitioner

attempted to transport the liquor from the warehouse, the vehicle was

obstructed by the party respondents. The employees of the petitioner

were threatened and intimidated. The party respondents demanded that

their vehicles be used for transportation of the load. In view of the fact

that what was being transported was alcohol and as the petitioner has her

own employees, their demand was not acceded to. However, the party

respondents refused to budge from their demand. In the said

circumstances, Ext.P7 complaint was lodged before the 5th respondent.

Later, Exhibit P8 and P9 complaints were lodged before respondents 3 and

4 as well. However, no action has been taken. It is in the afore

circumstances that the petitioner has approached this Court for a direction

to the respondent Nos.1 to 3 to afford police protection to the life of the

petitioner and her employees so as to enable them to transport liquor and

beer purchased from the warehouse of the Kerala State Beverages

Corporation to the licensed premises as per Ext.P1.

2. I have heard Sri.R.Divakaran, the learned counsel appearing

for the petitioner as well as the learned Government Pleader. Though

notice was issued to the party respondents and the same was served,

none appears.

3. The learned Government Pleader, on instructions, submitted

that on receipt of the complaint, respondents 6 and 7 were summoned

and they were told that they have no authority to interfere with the

transportation of alcohol from the warehouse to the establishment of the

petitioner herein. It is further submitted that though the Station House

Officer, Thiruvalla Police Station has been arrayed as the 3rd respondent,

actually, the jurisdictional police officer is the Station House Officer,

Pulikeezhu Police Station.

4. I have considered the submissions advanced. The grievance of

the petitioner is that respondents 6 and 7 are obstructing the

transportation of liquor from the warehouse to the petitioner's

establishment. Since the petitioner is having vehicles and employees of

her own, it would not be open for the party respondents to demand work

or to obstruct the transportation of the goods. If any obstruction is caused

during the transportation of liquor on the strength of a valid permit, the

Station House Officer, Pulikeezhu Police Station shall ensure that the

petitioner is able to transport the materials without any obstructions from

the party respondents.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 9549/2021

PETITIONER(S) EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LICENSE NO.FL-03 NO.E-120/2020-21 OF KOTTAVATHIL RESTAURANT.

EXHIBIT P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL- 39-D-3222.

EXHIBIT P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL- 39-E-5373.

EXHIBIT P4 THE TRUE COPY OF THE PERMIT FOR TRANSPORT OF INTOXICATING LIQUOR.

EXHIBIT P5 THE TRUE COPY OF THE INVOICE (TAXABLE SALES) DATED 19.03.2021.

EXHIBIT P6 THE TRUE COPY OF THE INVOICE (TAXABLE SALES) DATED 19.03.2021.

EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT DATED 19.03.2021 SUBMITTED BY THE PETITIONER'S PURCHASE MANAGER JOMON PAUL BEFORE THE 5TH RESPONDENT

EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 31.03.2021.

EXHIBIT P9 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT DATED 31.03.2021.

RESPONDENT(S) EXHIBITS: NIL