Shiyas Vh vs State Police Chief
2023 Latest Caselaw 10069 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                             WP(C) NO. 29827 OF 2023
PETITIONER:

              SHIYAS VH
              AGED 51 YEARS
              , S/O HASSAINAR, VARIKKADAN HOUSE, MUDICKAL PO, PERUMBAVOOR,
              PIN - 683547

              BY ADVS.
              P.THOMAS GEEVERGHESE
              TONY THOMAS (INCHIPARAMBIL)
              SRADHA MOHAN



RESPONDENTS:

     1        STATE POLICE CHIEF
              POLICE HEADQUARTERS, VELLAYAMBALAM,
              THIRUVANANTHAPURAM, PIN - 695010

     2        DISTRICT POLICE CHIEF
              ERNAKULAM RURAL, ALUVA, PIN - 683101

     3        STATION HOUSE OFFICER
              POLICE STATION, PERUMBAVOOR, PIN - 683542

     4        PERUMBAVOOR MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PERUMBAVOOR,
              PIN - 683542

              BY ADV. MATHEW B. KURIAN, STANDING COUNSEL

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                           SATHISH NINAN, J.
                 ===============================
                     W.P.(C) No.29827 OF 2023
                 ===============================
            Dated this the 18th day of September, 2023

                                 JUDGMENT

The petitioner alleges harassment by the police in

the matter of doing his business.

2. It is not in dispute that the petitioner is a

licensed street vendor. So long as the Municipality has

permitted the petitioner to function in the area in

question, the Police shall not interfere with the conduct

of the business by the petitioner.

3. The learned Government Pleader submits that

various criminal activities are taking place at the

location and that the Municipality has been requested to

see that the shop in question is shifted from the said

premises. At this stage, I do not consider it necessary to

go into such issues. Needless to say that the police is at WP(C) No.29827 OF 2023

liberty to take appropriate action in respect of any

criminal activities.

The writ petition is disposed of accordingly.

SATHISH NINAN JUDGE NB/18-9 APPENDIX OF WP(C) 29827/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LICENSE OF THE PETITIONER NO.07M039021000190 ISSUED BY THE 4THE RESPONDENT

EXHIBIT P2 THE PHOTOGRAPH OF THE STREET OF PERUMBAVOOR MUNICIPALITY

EXHIBIT P3 TRUE COPY OF THE ELECTRICITY BILLS DATED.24.8.2023 ISSUED BY THE ELECTRICAL SECTION PERUMBAVOOR

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT OF THE PETITIONER TO THE 2ND RESPONDENT DATED.28.8.2023

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE