Girija Viswanathan vs State Of Kerala
2023 Latest Caselaw 3798 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          WP(C) NO. 9378 OF 2023
PETITIONER:



              GIRIJA VISWANATHAN
              AGED 55 YEARS
              VANDANAM HOUSE, BHARANICKAVU NORTH, KATTANAM VILLAGE,
              BHARANICKAVU P.O, ALAPPUZHA DISTRICT., PIN - 690503
              BY ADV N.P.PRAJEESH


RESPONDENTS:



     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001
     2        THE DISTRICT COLLECTOR
              1ST FLOOR, COLLECTORATE, ALAPPUZHA., PIN - 688001
     3        THE REVENUE DIVISIONAL OFFICER
              DISTRICT COURT WAY ROAD, KIDANGANPARAMP,
              THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA., PIN - 688013
     4        THE DEPUTY SUPERINTENDENT OF POLICE
              CHENGANNUR, ALAPPUZHA DISTRICT., PIN - 689121
     5        THE STATION HOUSE OFFICER
              KURATHIKADU POLICE STATION, KURATHIKADU P.O, MAVELIKKARA,
              ALAPPUZHA DISTRICT., PIN - 690107
     6        THE SECRETARY, BHARANICKAVU PANCHAYATH,
              MAVELIKKARA, THAMARAKULAM, ALAPPUZHA DISTRICT.,
              PIN - 690503
     7        BABU @ BABUKUTTAN
              KUTTI MADATHIL HOUSE, LAKSHAM VEEDU COLONY,
              BHARANICKAVU NORTH, KATTANAM VILLAGE, BHARANICKAVU P.O,
              ALAPPUZHA DISTRICT., PIN - 690503
 WP(C) NO.9378 OF 2023
                                   2

            BY ADVS.
            SRI.E.C.BINEESH- Government Pleader
            SRI.VINCENT JOSEPH-R6
            SMT.KEERTHI B. CHANDRAN-R7



     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   30.03.2023,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.9378 OF 2023
                                  3




                             JUDGMENT

Dated this the 30th day of March, 2023

The petitioner, who is a housewife permanently residing

in Bharanickavu North of Kattanam Village, is before this Court

seeking to direct respondents 4 and 5 to give necessary and

adequate police protection to the life and property of the

petitioner from the 7th respondent and his henchmen.

2. According to the petitioner, the 7 th respondent is

engaged in lottery vending. He is vending lottery tickets just in

front of the petitioner's house under a Banyan Tree. Recently,

the 7th respondent started selling liquor and drugs under the

guise of lottery vending. Some anti-social elements are

gathering under the Banyan Tree. The petitioner, being a lady

residing alone, is not in a position to go out even during day

time because of the unlawful activities. The 7th respondent's

activities have become a public nuisance also. Unless WP(C) NO.9378 OF 2023

respondents 4 and 5 interfere in the matter and restrain the 7 th

respondent from engaging in anti-social activities and creating

nuisance, the petitioner will be put to untold hardship and

agony, contends the petitioner.

3. The 7th respondent entered appearance and

resisted the writ petition. The 7th respondent denied all the

allegations made by the petitioner in the writ petition. It is

submitted by the 7th respondent that he has been selling

lottery tickets sitting under the Banyan Tree for long years. He

is not engaged in any business involving drugs nor he is

creating any nuisance to anybody. Only persons who want to

purchase lottery tickets come near his vending place.

4. Counsel for the petitioner stated that in spite of the

interim order passed by this Court, the 7 th respondent is

creating nuisance and has thrown crackers into the house of

the petitioner. The 7th respondent would stoutly deny the

same.

WP(C) NO.9378 OF 2023

5. Government Pleader entered appearance on behalf

of respondents 1 to 5 and submitted, on instructions, that on

the basis of the complaint made by the petitioner, necessary

enquiries were made. The 7th respondent has been vending

lottery tickets there for the last 30 years. So far, the police

could not trace any activity relating to drug peddling or any

other crime by the 7th respondent.

6. Standing Counsel for the 6th respondent-Secretary

to the Bharanickavu Grama Panchyat submitted that the 7 th

respondent is an ordinary lottery vendor, who has been doing

business on the roadside under the Banyan Tree. According to

the 6th respondent, there is no evidence or indication to show

that the 7th respondent is involved in any criminal or anti-social

activities.

7. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 5, the learned Standing Counsel for the 6 th respondent and

the learned counsel appearing for the 7th respondent. WP(C) NO.9378 OF 2023

8. From the pleadings and arguments, it is evident that

the 7th respondent is conducting a lottery vending business in

front of the petitioner's house under a Banyan Tree. The 7 th

respondent has stated that he is not indulged in drug peddling

and he is not causing any nuisance to the petitioner. The 7 th

respondent would submit that he will not cause any nuisance

to the petitioner and does not intend to use any microphone or

loud speaker so as to create nuisance to the petitioner.

9. In view of the facts as stated above, I do not think

that any mandatory directions are required in this writ petition

at this stage. However, if the petitioner is troubled by the 7 th

respondent in any manner in future, the petitioner will be at

liberty to approach the 4th respondent, who shall cause an

enquiry into the matter and act in accordance with law.

The writ petition is disposed of as above.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.9378 OF 2023

APPENDIX OF WP(C) 9378/2023

PETITIONER EXHIBITS

Exhibit-P1 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 13.03.2023 Exhibit-P2 PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT DATED 13.03.2023 Exhibit-P3 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.03.2023 Exhibit-P4 PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 13.03.2023 Exhibit-P5 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.03.2023 Exhibit-P6 PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 13.03.2023 Exhibit-P7 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 13.03.2023 Exhibit-P8 PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 13.03.2023 Exhibit-P9 PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 13.03.2023 Exhibit-P10 PHOTOCOPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT DATED 14.03.2023 RESPONDENT'S EXHIBITS : NIL