Kerala High Court
Santhosh R vs Station House Officer on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 41528 OF 2022
PETITIONER:
SANTHOSH R.,
AGED 52 YEARS
(LICENSEE OF TODDY SHOP NO. GROUP 2/TS NO.5,
KOYIKKAL MUKKU, CHENGANNUR EXCISE RANGE),
S/O RAMANAN,
SAANDARAM HOUSE,
ULAVAKKADU,
PALAMEL,
MAVELIKKARA-689512.
BY ADVS.
P.THOMAS GEEVERGHESE
TONY THOMAS (INCHIPARAMBIL)
E.S.FIROS
AMRUTHA K.P.
SRADHA MOHAN
RESPONDENTS:
1 STATION HOUSE OFFICER,
MANNAR POLICE STATION,
MANNAR, KERALA 689622.
2 DISTRICT POLICE CHIEF,
ALAPPUZHA, CCSB ROAD,
CIVIL STATION WARD,
ALAPPUZHA - 688012.
3 EXCISE INSPECTOR,
MAVELIKKARA EXCISE RANGE,
THATTARAMBALAM,
MAVELIKARA,
KERALA 690103.
4 B.K. PRASAD,
KARTHIKAPALLY,
KUTTEMPEROOR,
MANNAR 689623.
5 CHITHRA.M.NAIR,
PEROORMADOM,
KUTTEMPEROOR,
MANNAR 689623.
W.P(C) No.41528 of 2022 2
6 V.K. UNNIKRISHANAN,
THAIVILAYIL,
KUTTEMPEROOR,
MANNAR 689623.
BY SRI.E.C.BINEESH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.41528 of 2022 3
JUDGMENT
Dated this the 3rd day of February, 2023
The petitioner is holder of a licence to run a Toddy Shop in
Koyikkal Mukku, Mannar, Chengannur Taluk in Alappuzha
District. Ext.P1 is the permit issued to the petitioner.
2. The grievance of the petitioner is that respondents 4
to 6 and others are obstructing the conduct of business by the
petitioner, under the guise of agitation against the functioning of
Toddy Shop.
3. The petitioner states that he has all the licences
required to run the Toddy Shop and respondents 4 to 6 or for
that matter any other person cannot obstruct the functioning of
the Toddy Shop permitted by the Government. The petitioner
filed complaints before the 1st respondent regarding the
unlawful obstruction by respondents 4 to 6 and others.
However, the respondents are not taking any action to facilitate
the running of the business by the petitioner.
4. Notice was served on respondents 4 to 6. However,
respondents 4 to 6 are not represented in person or by lawyer.
I have perused the pleadings in the writ petition and I have
heard the learned counsel for the petitioner and the learned
Government Pleader representing respondents 1 to 3.
5. It is evident from Ext.P1 that the petitioner has been
given licence to run a Toddy Shop T.S. No.5/2022-2023 in
Koyikkal Mukku, Mannar, Chengannur Taluk in Alappuzha
District. Ext.P2 photographs would show that certain persons
are obstructing the functioning of the Toddy Shop denying
ingress and egress to the Toddy Shop run by the petitioner. As
long as the petitioner is running the Toddy Shop with all
licences and permits, the ingress and egress to the Toddy Shop
cannot be obstructed under the guise of any protest.
In the circumstances, the writ petition is disposed of
directing respondents 1 and 2 to ensure that ingress and
egress to the Toddy Shop of the petitioner are not obstructed.
The petitioner shall be given protection to run the Toddy Shop
as long as he holds valid licence. This judgment will not
prevent respondents 4 to 6 or any other persons from
undertaking any protest against the Toddy Shop provided such
protests are conducted beyond 50 Metres distance from the
Toddy Shop.
Sd/-
N. NAGARESH
JUDGE
sss
APPENDIX OF WP(C) 41528/2022
PETITIONER' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF EXCISE LICENSE OF
TODDY SHOP NO. GROUP 2/TS NO. 5,
MAVELIKKARA EXCISE RANGE.
EXHIBIT P2 PHOTOGRAPHS OF PROTESTORS, TAKEN ON
16/12/2022.
EXHIBIT P3 THE TRUE COPY OF COMPLAINT FILED BY THE
PETITIONER TO THE 1ST RESPONDENT DATED
16/12/2022.
EXHIBIT P4 TRUE COPY OF RECEIPT ISSUED BY THE 2ND
RESPONDENT TO EXT.P3 COMPLAINANT.
EXHIBIT P5 TRUE COPY OF RECEIPT ISSUED BY THE 1ST
RESPONDENT TO EXT.P3 COMPLAINANT.
