Sibi vs State Of Kerala
2021 Latest Caselaw 18895 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       WP(C) NO. 13718 OF 2020
PETITIONER:

          SIBI
          AGED 46 YEARS
          S/O. ABRAHAM, KOONAMKIL HOUSE, BANDADUKKA VILLAGE,
          KASARAGOD TALUK, KASARAGOD DISTRICT.

          BY ADV NIREESH MATHEW


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN-695 001.

    2     THE DEPUTY SUPERINTENDENT OF POLICE
          KASARAGOD, PIN-671122.

    3     THE C.I. OF POLICE
          MELPARAMB, CHATTANCHAL, THEKKIL (P.O), KASARAGOD
          DISTRICT, PIN-671 541.

    4     THE SUB INSPECTOR OF POLICE
          MELPARAMB, CHATTANCHAL, THEKKIL (P.O), KASARAGOD
          DISTRICT, PIN-671 541.

    5     AHAMMED
          CHEMBARIKKA HOUSE, KOLIYADUKKAM, PERUMBALA (P.O), VIA-
          KALNAD, KASARAGOD DISTRICT-671 317.

    6     BALAKRISHNAN
          S/O. KANNAN NAIR, THAIVALAPPU HOUSE, PERUMBALA (P.O),
          VIA-KALNAD, KASARAGOD DISTRICT, PIN-671 317.

          BY ADV SRI.M.SASINDRAN
          SRI.E.C.BINEESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13718 OF 2020
                                   2


                              JUDGMENT

The petitioner has approached this Court alleging that

respondents 5 and 6 are causing obstruction and illegal

interdiction in the conduct of a toddy shop, which is being

run by him under a valid licence.

2. I notice that when this matter was considered by

this Court on 08.07.2020, an interim order was granted by

a learned Judge in the following manner:

"Notice before admission to the respondents. Learned Government Pleader takes notice for respondents 1 to 4. Issue urgent notice by speed post to the respondent Nos.5 and 6 returnable within ten days.

Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, I direct the 4th respondent to ensure that law and order is maintained and, if sought for, to afford adequate protection to the life and property of the petitioner from any incursions by the respondents 5 and 6 so as to enable him to conduct the toddy shop licensed to him."

3. When this case was called today, the learned

Government Pleader - Sri.E.C.Bineesh submitted that the

afore interim order has been complied with and that no

violations have been allowed from any source against the

conduct of the toddy shop of the petitioner.

4. Sri.M.Sasindran, learned counsel appearing for

respondents 5 and 6, submitted that the allegations in the WP(C) NO. 13718 OF 2020

writ petition are wholly incorrect and that no obstruction or

intimidation has been caused or meted out by his clients to

the petitioner.

Taking note of the afore submissions, I order this writ

petition, confirming the afore interim order; with a resultant

direction to the fourth respondent to ensure that law and

order is maintained in the area in question, without the

parties being allowed to breach it in any manner; and

further, to act swiftly and quickly in the event of any

complaint being made before him by the petitioner relating

to any illegal activity by the party respondents or anyone

else.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 13718 OF 2020

APPENDIX OF WP(C) 13718/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, KASARAGOD TO THE PETITIONER FOR THE YEAR 2020-2021 DATED 15.5.2020.

EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 4TH RESPONDENT DATED 3.7.2020.

EXHIBIT P3 TRUE COPIES OF THE POSTAL RECEIPTS DATED 3.7.2020 SHOWING THE DESPATCH OF EXHIBIT P2 COMPLAINT TO THE RESPONDENTS 2 TO 4.