A.Manoj vs The State Of Kerala
2021 Latest Caselaw 13326 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 20940 OF 2019
PETITIONER/S:

           A.MANOJ
           AGED 46 YEARS
           S/O. AMBUJAKSHY, KALARICKAL HOUSE, MUHAMMA P.O, CHERTHALA,
           ALAPPUZHA DISTRICT.

           BY ADVS.
           N.RAGHURAJ
           ARJUN P.GOPAL


RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1.

     2     THE DEPUTY SUPERINTENDENT OF POLICE,
           ALAPPUZHA, CCSB ROAD, CIVIL STATION WARD,
           ALAPPUZHA-688 012

     3     THE SUB INSPECTOR OF POLICE,
           ALAPPUZHA NORTH POLICE STATION, BAZAR WEST P.O, ALAPPUZHA-
           688 012.

     4     THE SUB INSPECTOR OF POLICE,
           ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA-688 001

     5     THE DEPUTY COMMISSIONER OF EXCISE,
           EXCISE DIVISION OFFICE, EXCISE COMPLEX, IRON BRIDGE P.O,
           NEAR GENERAL HOSPITAL, ALAPPUZHA-688 011

     6     THE DISTRICT LABOUR OFFICER,
           LABOUR OFFICE, THATHAMPALLY P.O, ALAPPUZHA-688 002

     7     THE DISTRICT WELFARE FUND INSPECTOR,
           KERALA TODDY SHOPS WORKERS' WELFARE FUND BOARD, THIRUVAMPADY
           P.O, ALAPPUZHA-688 002
 WP(C) NO. 20940 OF 2019
                                 2



    8     AMBUJAKSHAN,
          GENERAL SECRETARY, AMBALAPUZHA TALUK CHETHU
          THOZHILALI UNION (C.I.T.U), THATHAMPALLY P.O,
          ALAPPUZHA-688 013

    9     SUDHAKARAN,
          JOINT SECRETARY, AMBALAPUZHA TALUK CHETHU
          THOZHILALI UNION (C.I.T.U), THATHAMPALLY P.O,
          ALAPPUZHA-688 013

   10     BABU,
          CONVENER, C.I.T.U, T.S. NO. 49, ALAPPUZHA RANGE,
          MARANATTUM, THANNEERMUKKAM, KANNANKARA P.O,
          ALAPPUZHA-688 527

   11     SASIDHARAN,
          EX-CONVENER, C.I.T.U, T.S. NO. 48, ALAPPUZHA
          RANGE, (SALINI NIVAS), KANNITTA PARAMBU,
          PALLATHURUTHI, PAZHAVEEDU P.O, ALAPPUZHA-688 009.

   12     SIDHARDHAN,
          VIJI NIVAS, BEACH WARD, THIRUVAMPADY P.O,
          ALAPPUZHA-688 002

   13     RAVEENDRAN,
          KOLOTHU, THANNEERMUKKAM, KARIKAD P.O,
          ALAPPUZHA-688 527

         BY ADVS.
         SRI.KOSHY GEORGE
         SRI.K.N.VENUGOPALA PANICKER


OTHER PRESENT:
          SRI.N.B.SUNIL NATH, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20940 OF 2019
                                  3



             P.V.KUNHIKRISHNAN, J.
           ===================
            WP(C) No.20940 OF 2019
           ===================
       Dated this the 28th day of June 2021


                        JUDGMENT

The above writ petition is filed with following

prayers;

"1. To issue a writ in the nature of Mandamus or such other writ direction or order commanding the respondents 2 to 4 to afford adequate, meaningful and effective protection for the smooth functioning of the toddy shops in Group No.X of Alappuzha Excise Range without any obstruction from respondents 8 to 13, their followers or persons claiming under them.

2. To issue a writ in the nature of Mandamus or such other writ direction or order commanding the respondents 2 to 4 to intiate immediate action, restraining the respondents 8 to 13 and their followers from interfering with smooth functioning of the toddy shops in Group No.X of Alappuzha Excise Range licensed to the petitioner.

3. To issue a writ in the nature of Mandamus or such other writ direction or order commanding the respondents 2 to 4 to ensure that the supply of toddy shops in Group No.X of Alappuzha Excise Range is not obstructed by the respondents 8 to 13 or their followers;

4. Award to the petitioner the costs of these proceedings and WP(C) NO. 20940 OF 2019

5. To grant such other and further reliefts as are just, proper and necessary or may be prayed for."

2. When this writ petition came up for

consideration on 01.08.2019 this Court passed the

following orders which is extracted hereunder;

"Admit.

Government Pleader appears for respondents 1 to

6. Sri. Koshy George, the learned Standing Counsel appears for the 7th respondent. Issue notice to respondents 8 to 13 by special messenger."

3. Thereafter, this Court passed an order on

06.08.2019 which is also extracted hereunder;

" 1. Respondents 8 to 13 appear through Counsel and seeks time for filing counter affidavit. The learned counsel specifically submits that there is a labour dispute and that there is a protest carried on by the workers in front of the shop.

2. We would only say that the protest should be peaceful and should not obstruct the ingress and egress into the shop room. If any such obstruction is caused, the Police shall interfere.

3. Respondents 8 to 13 shall file counter affidavit within a period of two weeks."

4. Subsequently, the matter again came up for WP(C) NO. 20940 OF 2019

consideration on 01.10.2019 and on that day this Court

passed the following orders and that is also extracted

hereunder;

" In the light of the interim order passed by this Court on 06.08.2019, there will be an interim order as prayed for."

5. Now the learned counsel for the petitioner

submitted that, even now the obstruction from the

contesting respondents for the smooth functioning of the

toddy shops are continuing and the interim order may be

retained.

6. The learned Government Pleader submitted that,

whenever there is law and order issue the police will do

the needful. In the light of the above facts, I think this

writ petition can be disposed retaining the interim order

and further directing the police to do the needful,

whenever there is law and order issue. Therefore, this writ

petition is disposed retaining the interim order and with

following further directions; WP(C) NO. 20940 OF 2019

1) If there is any law and order issue for the

smooth functioning of the toddy shops of the petitioner, he

is free to approach the Station House Officer concerned.

2) If such a representation is received the Station

House Officer concerned will do the needful in accordance

to law, whenever there is any breach of the interim order

passed by this Court. The petitioner should produce a valid

license of the toddy shops in his name along with the

representation.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 20940 OF 2019

APPENDIX OF WP(C) 20940/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE LICENSE IN REPSECT OF T.S. NO. 40 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA.

EXHIBIT P1(a) TRUE COPY OF THE RELEVANT PAGES OF THE LICENSE IN RESPECT OF T.S. NO. 48 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA.

EXHIBIT P1(b) TRUE COPY OF THE RELEVANT PAGES OF THE LICENSE IN RESPECT OF T.S. NO. 49 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA.

EXHIBIT P1(c) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LICENSE IN RESPECT OF T.S. NO. 50/20 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA.

EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 12TH RESPONDENT.

EXHIBIT P2(a) TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION TO THE SAID CHANDRAN.

EXHIBIT P3 TRUE PHOTOCOPY OF THE NOTICE DATED 05.07.2019.

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 28.06.2019.

EXHIBIT P4(a) TRUE COPY OF THE ORDER DATED 28.06.2019.

WP(C) NO. 20940 OF 2019

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 14.07.2019.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 10.07.2019.

EXHIBIT P6 TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT ON 19.07.2019.

EXHIBIT P6(a) TRUE PHOTO COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT ON 19.07.2019.

EXHIBIT P6(b) TRUE PHOTO COPY OF THE COMPLAINT BEFORE THE 4TH RESPONDENT ON 19.07.2019.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 19.07.2019.

EXHIBIT P8 TRUE PHOTOCOPY OF THE COMPLAINT DATED 21.07.2019.

EXHIBIT P9 TRUE PHOTOCOPY OF THE COMPLAINT DATED 23.07.2019.

EXHIBIT P10 TRUE PHOTOCOPY OF THE INTERDIVISION TODDY TRANSPORT PERMIT BEARING NO.IDTTP/2019/00949 DATED 08.04.2019.

EXHIBIT P11 TRUE PHOTOCOPY OF THE COMPLAINT DATED 10.08.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 TRUE PHOTOCOPY OF THE RECEIPT ACKNOWLEDGING THE RECEIPT OF THE COMPLAINT DATED 10.08.2019 ISSUED BY WP(C) NO. 20940 OF 2019

THE 3RD RESPONDENT.

EXHIBIT P13 TRUE PHOTOCOPY OF THE NOTICE DATED 06.07.2019 ISSUED TO MR.RAKESH.

EXHIBIT P13(a) TRUE PHOTOCOPY OF THE NOTICE DATED 06.07.2019 ISSUED TO MR.PRADEEP.

EXHIBIT P14 TRUE PHOTOCOPY OF THE REPLY DATED 07.08.2019.

EXHIBIT P15 TRUE PHTOCOPY OF THE REPLY DATED 24.02.2011.

EXHIBIT P16 TRUE PHOTOCOPY OF THE CERTIFICATE 16.08.2019.

EXHIBIT P17 TRUE PHOTOCOPY OF THE NOTICE DATED 13.08.2019.

EXHIBIT P18 TRUE PHOTOCOPY OF THE ORDER BEARING NO.P5-5230/2019 DATED 10/7/2019

RESPONDENTS EXHIBITS

EXHIBIT R8(a) THE TRUE COPY OF THE NOTICE DATED 05.07.2019 ISSUED TO THE PETITIONER EXHIBIT R8(b) THE TRUE COPY OF THE SCHOOL CERTIFICATE TO PROVE HIS DATE OF BIRTH OF 12TH RESPONDENT EXHIBIT R8(c) THE TRUE COPY OF THE ADHAR CARD OF 13TH RESPONDENT EXHIBIT R8(d) THE TRUE COPY OF THE LETTER ISSUED BY THE EXCISE INSPECTOR, EXCISE CIRCLE OFFICE, CHITTOOR DATED 12.08.2019.

WP(C) NO. 20940 OF 2019

EXHIBIT R8(e) THE TRUE COPY OF THE NOTICE DATED 23.8.2019 ISSUED BY THE PETITIONER TO RAKESH

EXHIBIT R8(f) THE TRUE COPY OF THE LETTER GIVEN BY MAYIL SWAMI

EXHIBIT R8(g) THE TRUE COPY OF THE REPLY GIVEN BY THE SAID RAKESH TO THE PETITIONER

EXHIBIT R8(h) THE TRUE COPY OF THE LETTER DATED 12.8.2019 ISSUED BY AMBALAPPUZHA TALUK TODDY SHOP LICENSEES ASSOCIATION

// True Copy // PA to Judge