C.U Unnikrishnan vs Station House Officer
2023 Latest Caselaw 2833 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                     WP(C) NO. 5974 OF 2023
PETITIONER:

         C.U UNNIKRISHNAN
         (LICENSEE OF TODDY SHOP TS NO. 6, ULLUNDHI,
         CHENGANNUR GROUP 1 EXCISE RANGE),
         S/O UNNICHEKKAN, CHIRAYERINMEL HOUSE,
         KUZHIKKATTUSSERI, CHALAKKUDY,
         THRISSUR, PIN - 680697

         BY ADVS.
         P.THOMAS GEEVERGHESE
         TONY THOMAS (INCHIPARAMBIL)
         E.S.FIROS


RESPONDENTS:

    1    STATION HOUSE OFFICER
         MANNAR POLICE STATION,
         MANNAR, KERALA, PIN - 689622
    2    DISTRICT POLICE CHIEF
         ALAPPUZHA, CCSB ROAD, CIVIL STATION WARD,
         ALAPPUZHA, PIN - 688012
    3    EXCISE INSPECTOR
         CHENGANNUR EXCISE RANGE,
         CHENGANNUR, PIN - 689124
    4    RAJAN PILLA (DELETED)
         VETTATHU HOUSE, ENNAKKADU MURI,
         ENNAKKADU VILLAGE, CHENGANNUR,
         ALAPPUZHA ., PIN - 689624
         *DELETED AS PER ORDER DATED 01.03.2023 IN I.A.
         NO.1 OF 2023
 WP(C) No.5974 of 2023

                            2


     5      SURESH
            MANAMKUZHITHU HOUSE, ENNAKKADU MURI,
            ENNAKKADU VILLAGE, CHENGANNUR,
            ALAPPUZHA ., PIN - 689624
     6      PRADEEP
            MADHAVAVILASOM, ENNAKKADU MURI,
            ENNAKKADU VILLAGE, CHENGANNUR,
            ALAPPUZHA ., PIN - 689624
     7      SETHU
            MADHAVAVILASOM, ENNAKKADU MURI,
            ENNAKKADU VILLAGE, CHENGANNUR,
            ALAPPUZHA ., PIN - 689624
     8      SURESH
            THEKKEKATTIL HOUSE, ENNAKKADU MURI,
            ENNAKKADU VILLAGE, CHENGANNUR,
            ALAPPUZHA ., PIN - 689624

            SRI.E.C. BINEESH, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP     FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.5974 of 2023

                                 3


                            JUDGMENT

Dated this the 1st day of March, 2023

The petitioner is aggrieved by the unlawful and illegal

obstruction caused by respondents 5 to 8 to the licensed

Toddy Shop of the petitioner.

2. The petitioner states that he is the licensee of

Toddy Shop No.Group 1 / TS No.6, Ullundhi, Mannar,

Chengannur Taluk. When the Toddy Shop was opened in a

new building on 09.02.2023, respondents 5 to 8 and others

created uproar and ruckus in front of the petitioner's Shop.

The petitioner was not permitted to run the Shop. Though the

petitioner sought police protection and submitted an

application to that effect, the petitioner is not being provided

with any assistance by the police. Hence, the petitioner is

before this Court.

3. Government Pleader, on instructions, submitted

that against the establishment of the Toddy Shop at a new WP(C) No.5974 of 2023

place, there are agitations by the local people. If the Toddy

Shop is being started at the new place after obtaining

necessary clearances from the authorities including the

Excise Department, the police will be extending necessary

protection to the petitioner, in the event of any law and order

situation.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 3. Though notice was served on

respondents 5 to 8, there is no representation for respondents

5 to 8.

5. Ext.P1 is the Excise Licence in favour of the

petitioner issued on 03.04.2022. Ext.P2 is the order of the

Deputy Excise Commissioner, Alappuzha whereunder the

petitioner has been permitted to shift the Toddy Shop to the

new place. It is when the petitioner has started functioning his

Toddy Shop in the new place pursuant to Ext.P2 that

obstructions arose.

WP(C) No.5974 of 2023

6. I find that as long as the petitioner holds a licence

and the petitioner has shifted the Toddy Shop on the basis of

permission granted by the competent Excise Commissioner,

respondents 5 to 8 or any person under them cannot cause

any obstruction to the Toddy Shop of the petitioner.

The writ petition is therefore disposed of directing the

1st respondent-Station House Officer to grant effective

protection to the petitioner for conducting the Toddy Shop

pursuant to Exts.P1 and P2. If respondents 5 to 8 or any other

person have any grievance regarding the establishment of the

Toddy Shop at the specific location, they will be at liberty to

approach the competent statutory authorities.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.5974 of 2023

APPENDIX OF WP(C) 5974/2023

PETITIONER EXHIBITS Exhibit.P1 THE TRUE COPY OF THE EXCISE LICENSE ISSUED BY THE DEPUTY EXCISE COMMISSIONER,ALAPPUZHA DATED.3.4.2022 Exhibit.P2 TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY EXCISE COMMISSIONER, ALAPPUZHA. 28.12.2022 Exhibit.P3 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, MANNAR ON 9.

2.2022 Exhibit.P4 THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 2ND RESPONDENT DATED. 9.2.2023 Exhibit.P5 TRUE COPY OF INTER DIVISION TODDY TRANSPORT PERMIT ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, PALAKAD DATED. 19.10.2022