Kerala High Court
Rema K K vs Station House Officer on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 20655 OF 2021
PETITIONER:
REMA K K., (LICENSEE OF TOODY SHOP NO. GROUP 1/TS NO. 3,
VENGA), SASTHAMCKOTTA EXCISE RANGE),
ANALIPPARAMBL HOUSE, CHEMBUCHIRA, MATTATHOOR,
THRISSUR 680 684.
BY ADV P.THOMAS GEEVERGHESE
RESPONDENTS:
1 STATION HOUSE OFFICER, SASTHAMKOTTA POLICE STATION,
SASTHAMKOTTA 690 521.
2 DISTRICT POLICE CHIEF, KOLLAM RURAL T.B. JUNCTION,
KOTTARAKKARA, KERALA 691 506.
3 EXCISE INSPECTOR, SASTHAMKOTTA EXCISE RANGE, LAKE HOUSE,
SASTHAMCOTTA 690 521.
4 NOORUDHEEN, AJINA MANZHIL, VENGA P.O.
SASTHAMCOTTA 690 521.
5 RADHAKRISHNA PILLAI, ATHIRA VILASOM HOUSE, VENGA P.O.,
SASTHAMCOTTA 690 521.
SRI.E.C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 20655/21
2
JUDGMENT
The petitioner says that she is operating a Toddy Shop
No.3 of Group 1/TS, at Sasathamkotta, under a valid license
from the Statutory and Excise Authorities. She says that she
was awarded license in September 2021, after the shop was
remaining vacant for a long period of time; and that when she
tried to open and operate it, respondents 4 and 5 and certain
others formed themselves into an unlawful assembly and
forced her to close the shop.
2. The petitioner says that the threat of the said
persons is that they will not allow the Toddy Shop to operate
in the area in question; and therefore, that she was forced to
prefer Ext.P3 complaint before the 1 st respondent - Station
House Officer, seeking protection. She alleges that, however,
since the 1st respondent did not offer her any protection, she
has been constrained to approach this Court through this Writ
WPC 20655/21
Petition.
3. I have heard Sri.P.Thomas Geeverghese - learned
counsel for the petitioner and Sri.E.C.Bineesh - learned
Government Pleader appearing on behalf of the official
respondents.
4. Even though notices from this Court have been
validly served on respondents 4 and 5, they have chosen not
to be present in person or to be represented through counsel;
thus inferentially guiding me to the impression that they have
nothing to offer in answer to the various allegations made in
this Writ Petition.
5. Sri.E.C.Bineesh - learned Government Pleader,
submitted that in implicit compliance of the interim order of
this Court dated 30.09.2021, the Station House Officer has
afforded necessary protection to the petitioner and her
employees and that the Toddy Shop is still functioning,
without any let or interference from any person.
WPC 20655/21
Taking note of the afore submissions and since
respondents 4 and 5 have kept away from this Court, I allow
this Writ Petition, confirming the interim order dated
30.09.2021; with a consequential direction to the 1 st
respondent - Station House Officer to implicitly act as per its
terms and to take necessary action quickly and swiftly, if any
complaint is made by the petitioner with respect to any
obstruction at the hands of the party respondents or their
men/associates, in future.
Needless to say, the afore directions will remain in force
until such time as the petitioner enjoys a valid license to run
the Toddy Shop.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 20655/21
APPENDIX OF WP(C) 20655/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF EXCISE LICENSE OF
TODDY SHOP NO. GROUP 1/TS NO. 3 VENGA.
Exhibit P2 PHOTOGRAPHS OF BANNERS AND FLAGES
HOISTED BY OBSTRUCTIONS TAKEN ON
24/9/2021.
Exhibit P3 THE TRUE COPY OF COMPLAINT FILED BY
THE PETITIONER TO THE IST RESPONDENT
DATED 24.9.2021.
Exhibit P4 TRUE COPY OF RECEIPT ISSUED BY THE IST
RESPONDENT TO EXT. P3 COMPLAINANT.
