C L Davis v. M T Poulose

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 11235 of 2015 (D) ---------------------------- PETITIONER(S):

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1. C L DAVIS AGED 56 YEARS S/O.CHOVVARAKKARAN LONAPPAN RESIDING NEAR N.S.S. SCHOOL, SOUTH CALAKUDY CHALAKUDY TALUK, THRISSUR DISTRICT.

2. V.V. DEVASSYKUTTY S/O.VAKAPARAMBIL VARGHESE @ VARUTHUTTY ANNANAD DESOM, CHALAKUDY TALUK, THRISSUR DISTRICT.

3. POPPY @ POULOSE S/O.THEKKANATH KANNADAN KOCHUVARKEY NORTH CHALAKUDY DESOM, POTTA VILLAGE CHALAKUDY TALUK THRISSUR DISTRICT.

4. K.Y. MOHAMMED S/O.KOORATTUPARAMBIL YOUSUF KOODAPUZHA DESOM CHALAKUDY TALUK, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S):

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1. M T POULOSE SECRETARY, CITU UNION OFFICE OF THE CITU UNION CHALAKUDY, 680 307.

2. K.A. PAVUNNY PRESIDENT, CITU UNION OFFICE OF THE CITU UNION CHALAKUDY, 680 307.

3. MURALI @ MURALEEDHARAN S/O.THANKAPPAN, MURUKKUMTHARA, MANDIKUNNU MURINGOOR, CHALAKUDY VIA. 680 308.

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4. SEBASTIAN S/O.KURITHIKULANGARA THOMAN, EAST POTTA NEAR ST.JOSEPH CHURCH, CHALAKUDY TALUK CHALAKUDY P.O. 680307

5. C.L. VARGHESE S/O.LONAPPAN, CHEENIKKA HOUSE, NORTH CHALAKUDY NEAR ST.JAMES HOSPITAL, CHALAKUDY TALUK. 680307.

6. XAVIER @ POOLACHI, S/O.PATHROSE POOLACHI HOUSE, VETTUKADAVU DESOM CHALAKUDY TALUK CHALAKUDY P.O. 680 307.

7. SHANAVAS @ SHANU S/O.MIANKUTTY, KALAKKATTUPARAMBIL NORTH CHALAKUDY NEAR BRIGHT STAR CLUB CHALAKUDY P.O. 680 307.

8. RAZAK @ SHINE S/O.KABIR AMBATTUPARAMBIL, VETTUKADAVU DESOM 16TH COLONY, CHALAKUDY TALUK, CHALAKUDY P.O. 680 307.

9. XAVIER @ JOEPRI ZAVI S/O.JOSE KATTUPARAMBAN NEAR PARIYARAM MILK SOCIETY PARIYARAM CHALAKUDY VIA. 680 308

10. SURESH, S/O.TAZHEKKATTIL NARAYANAN NEAR RC CHURCH, CHALAKUDY. 680 307

11. SHYJU, S/O.THOMAS NEAR KSRTC CANAL ROAD, CHALAKUDY TALUK. 680 307

12. BABY, S/O.OUSEPH THANDEKKATTIL, NEAR R.C.CHURCH CANAL, CHALAKUDY TALUK CHALAKUDY. 680 307.

13. BABU, S/O.OUSEPH THANDEKKATTIL, NEAR R.C.CHURCH CANAL, CHALAKUDY TALUK CHALAKUDY. 680 307.

14. VARGHESE @ GOONDU VARGHESE S/O.KOTTAKKA OUSEPH, NEAR SEVANA CLUB, KUTTIKKAD DESOM CHALAKUDY TALUK, KUTTIKKAD P.O. 680 308.

15. DEVASSY @ THANDIKKA RESIDING NEAR R.C.CHURCH CANAL CHALAKUDY TALUK CHALAKUDY P.O. 680 307.

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16. THE SUB INSPECTOR OF POLICE CHALAKUDY POLICE STATION, CHALAKUDY. 680 307. BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11235 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE RECEIPT OF PAYMENT OF LICENSE FEES BY THE 1ST PETITIONER FOR THE YEAR 2015-16.

EXT.P2 - TRUE COPY OF THE RECEIPT OF PAYMENT OF LICENSE FEES BY THE 2ND PETITIONER FOR THE YEAR 2015-16.

EXT.P3 - TRUE COPY OF THE RECEIPT OF PAYMENT OF LICENSE FEES BY THE 3RD PETITIONER FOR THE YEAR 2015-16.

EXT.P4 - TRUE COPY OF THE RECEIPT OF PAYMENT OF LICENSE FEES BY THE 4TH PETITIONER FOR THE YEAR 2015-16.

EXT.P5 - TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 16TH RESPONDENT.

EXT.P5(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P EXT.P6 - TRUE COPY OF THE RECEIPT EVIDENCES THE RECEIPT OF EXHIBIT P5 COMPLAINT EXT.P6(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P6. EXT.P7 - TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITONER BEFORE THE 16TH RESPONDENT.

EXT.P7(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P7. EXT.P8 - TUE COPY OF THE RECEIPT EVIDENCES THE RECEIPT OF EXHIBIT P7 COMPLAINT.

EXT.P8(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P8. EXT.P9 - TRUE COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER BEFORE THE 16TH RESPONDENT.

EXT.P9(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P9. EXT.P10 - TRUE COPY OF THE RECEIPT EVIDENCES THE RECEIPT OF EXHIBIT P9 COMPLAINT EXT.P10(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P10. EXT.P11 - TRUE COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER BEFORE THE 16TH RESPONDENT.

EXT.P11(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P11. EXT.P12 - TRUE COPY OF THE RECEIPT EVIDENCES THE RECEIPT OF EXHIBIT P11 COMPLAINT EXT.P12(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P12. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- Rp //TRUE COPY// PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.P (C) No. 11235 of 2015 ================= Dated this, the 11th day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioners and the learned Government Pleader.

2.

Notice has been issued to the private respondents which have been served, but no one has appeared on behalf of the private respondents. Petitioner by this writ petition has come up seeking direction to the 16th respondent to render protection to the petitioners from respondents 1 to 15 to carry out meat vending in the meat stalls within the Chalakudy market. 3.

Learned Government Pleader has submitted that respondent Nos.1 to 15 were erstwhile workers of the petitioners but are demanding bonus due to which certain issues have arisen between the parties. He however submits that, as on date, there is no law and order situation and petitioners are carrying out their business. In the above view of the matter, we see no reason to

-:2:- issue any direction as sought for. We only observe that police authorities shall ensure that law and order is maintained. Petitioner is free to bring to the notice of the police authorities if any offence is committed or there is attempt to commit offence. Writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge