Kerala High Court
Helena T. R vs State Of Kerala, Represented By ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 41407 OF 2022
PETITIONER:
HELENA T. R
AGED 42 YEARS
D/O. RADHAKRISHNAN, THOZHUTHUNGAL HOUSE, TANISSERY,
IRINJALAKUDA, THRISSUR, KERALA,, PIN - 680121
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, GOVERNMENT
OF KERALA, THIRUVANANTHAPURAM. , PIN - 695001
2 THE STATE POLICE CHIEF
STATE POLICE CHIEF POLICE HEADQUARTERS
THIRUVANANTHAPURAM. KERALA. , PIN - 695001
3 SUPERINTENDENT OF POLICE, PATHANAMTHITTA
OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA,
PIN - 689645
4 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THIRUVALLA., PIN - 689101
5 STATION HOUSE OFFICER
PULIKEEZHU POLICE STATION, PULIKEEZHU P.O, PIN - 689104
6 MANAGER, KERALA STATE BEVERAGES CORPORATION
WAREHOUSE, PULIKEEZHU. PULIKEEZHU P.O, PIN - 689104
7 PATHANAMTHITTA JILLA PRIVATE MOTOR & ENGINEERING
MASDOOR SANGH (BMS)
REG . NO. 401/85 BMS OFFICE, DOCTORS LANE,
PATHANATHITTA P.O.REPRESENTING ITS GENERAL SECRETARY,
K.S. SURESHKUMAR, PIN - 689645
8 CONVENOR, BMS DRIVERS' UNION,
VALANJAVATTOM, DRIVERS' UNION OFFICE, VALANJAVATTOM.,
PIN - 689104
BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.41407 OF 2022
2
JUDGMENT
Dated this the 17th day of January, 2023
This writ petition is filed seeking police
protection for the life of petitioner, drivers and other
persons associated with her in transporting liquor
consignment from 6th respondent's warehouses to
the petitioner's hotels by using her own vehicles
from any obstruction or interference from
respondents 7 and 8.
2. Heard the learned counsel for the
petitioner and the learned Government Pleader.
Though notice was taken out to respondents 7 and
8 and was duly served, there is no appearance for
the said respondents.
3. An interim order was passed on 20.12.2022,
directing the Station House Officer to consider
Exhibit P4 complaint submitted by the petitioner
and to afford adequate protection to the petitioner
W.P.(C)No.41407 OF 2022
to carry out the transportation of the liquor, if the
same is legally permissible.
4. The learned Government Pleader submits
that the complaint submitted by the petitioner was
considered and necessary protection for carrying
out the legally permissible transportation is being
afforded by the police.
In the above view of the matter, this writ
petition is closed, making it clear that in case of
any further obstruction from respondents 7 and 8 to
the transportation of liquor, as is permitted, in
vehicles belonging to the petitioner, the petitioner
may inform the Station House Officer, who shall
continue to afford adequate protection for the
legally permissible activities.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/17/01
W.P.(C)No.41407 OF 2022
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FL-3 LICENCE RENEWAL
CERTIFICATE NO. RFL3/2022/00447 ISSUED BY THE
EXCISE DEPARTMENT, KERALA TO THE PETITIONER IN
RESPECT OF HER HOTEL NIYA REGENCY DATED
02.04.2022
Exhibit P2 TRUE COPY OF THE FL-3 LICENCE RENEWAL
CERTIFICATE NO. RFL3/2022/00451 ISSUED BY THE
EXCISE DEPARTMENT, KERALA TO THE PETITIONER IN
RESPECT OF HER HOTEL SILVER RESIDENCY HERITAGE
DATED 02.04.2022
Exhibit P3 TRUE COPY OF THE GOOD CARRIAGE PERMIT OF THE
VEHICLE OF THE PETITIONER BEARING REG. NO. KL-
08-BR-8384 DATED 30.10.2018 ISSUED BY THE
REGIONAL TRANSPORT OFFICER, THRISSUR
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
14.12.2022
SSK //TRUE COPY// PA TO JUDGE
