Pramod.M vs District Police Chief
2021 Latest Caselaw 14243 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                     WP(C) NO. 33783 OF 2019
PETITIONER:


         PRAMOD.M.,
         AGED 33 YEARS
         S/O. MUTHU, RESIDING AT PRAMOD MANDIRAM,
         IDAVATTOM, VELLIMON P.O. KOLLAM 691 511.
         BY ADVS.
         A.RAJASIMHAN
         SMT.P.USHAKUMARI
RESPONDENTS:
    1     DISTRICT POLICE CHIEF
          UDUMA P.O. KASARGOD 671 319.
    2     STATION HOUSE OFFICER,
          BEKAL POLICE STATION, BEKAL P.O. KASARGOD 671 319.
    3     SECRETARY,
          UDUMA GRAMA PANCHAYAT, UDUMA P.O. KASARGOD 671
          319.
    4     MANI,
          BEACH ROAD, KOTTIKULAM BEKAL P.O. KASARGOD 671 319
    5     SULOCHANA, BEACH ROAD, KOTTIKULAM BEKAL P.O.
          KASARGOD 671 319.
    6     SHOBA, BEACH ROAD, KOTTIKULAM BEKAL P.O.
          KASARGOD 671 319.
    7     BABY, BEACH ROAD, KOTTIKULAM BEKAL P.O. KASARGOD
          671 319.
          R3 BY ADVS.SRI.T.MADHU, STANDING COUNSEL
          SRI.P.B.KRISHNAN
          SRI.SABU GEORGE
          SMT.RESHMA SANTHOSH
          SRI.P.B.SUBRAMANYAN
          SMT.C.R.SARADAMANI
          SRI.MANU VYASAN PETER
          SMT.B.ANUSREE
          R1 & R2 BY SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.33783/2019

                                        2




                      P.V.KUNHIKRISHNAN, J.
                        -------------------------------
                      W.P.(C).No.33783 of 2019
                ----------------------------------------------
               Dated this the 08th day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus directing the respondents 1 and 2 to afford adequate and effective police protection to the life and business of petitioner as requested in Exts. P5 and P7.

ii. Issue such other order or directions which this Hon'ble Court deem fit and proper in the interest of justice.

2. When this writ petition came up for consideration

before this Court on 18.12.2019, this Court passed the

following order:

"Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel for the third respondent as also the learned counsel for respondents 4 to 7.

In the light of Ext.P1 licence and Ext.P4 interim order passed by the Tribunal staying the cancellation of W.P.(C).No.33783/2019

Ext.P1 licence, I deem it appropriate to direct the second respondent to ensure that no obstruction, whatsoever, is caused to the petitioner in the matter of carrying out the activity in terms Ext.P1 licence. It is, however, made clear that the petitioner shall not be entitled to process fish at the location mentioned in Ext.P1."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner and the

contesting respondents submitted that Revision Petition

No.123 of 2019 is even now pending before the Tribunal for

Local Self Government Institutions, Thiruvananthapuram in

which Ext.P4 order is passed.

In the light of the above submission, I think this writ

petition can be disposed retaining the interim order, with

following further directions:

1. The petitioner is free to carry out the activities

as per Ext.P1, if the licence and permits from

the authorities concerned are in force.

2. If the petitioner is having valid permits and

licence from the statutory authorities and if

there is any obstruction for the activities of the

petitioner, he is free to approach the 2 nd W.P.(C).No.33783/2019

respondent with a representation.

3. If such a representation is received, the 2 nd

respondent will consider the same and afford

adequate police protection, provided that the

petitioner produces licence and permits issued

by the statutory authorities.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.33783/2019

APPENDIX OF WP(C) 33783/2019

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE LICENSE DATED 18.9.2019.

EXHIBIT P2 TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 4.11.2019.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 14.11.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. THIRUVANANTHAPURAM DATED 26.11.2019 IN REVISION PETITION NO. 123/2019.

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 27.11.2019 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 27/11/2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 27.11.2019 SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 27.11.2019 ISSUED BY THE 1ST RESPONDENT.