K.G.Yahiya Ravuthar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 ---------------------------- PETITIONER :
---------------- K.G.YAHIYA RAVUTHAR PROPRIETOR, BABUS BAKERY, R/O.SHEEBA MANZIL SOUTH GATE VAIKOM (LICENCE HOLDER AND OCCUPANT OF VAIKOM MUNICIPALITY BUILIDNG NO.VII/562) BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENTS :
-------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN 695 001.
2. THE DISTRTICT POLICE CHIEF KOTTAYAM DISTRICT, PIN 686 001.
3. DEPUTY SUPERINTEDNENT OF POLICE PALA, KOTTAYAM DISTRICT, PIN 686 575.
4. CIRCLE INSPECTOR OF POLICE VAIKOM, KOTTAYAM DISTRICT, PIN 686 141.
5. SUB INSPECTOR OF POLICE JANAMYTHRI POLICE STATION, VAIKOM, KOTTAYAM DISTRICT, PIN 686 141.
6. MITHRALAL, PRESIDENT, VAIKOM NIYOJAKA MANDALAM COMMITTEE BHARATIYA JANATA PARTY, VAIKOM, KOTTAYAM DISTRICT, PIN 686 141.
---------------------------------
7. K.K.GANESAN, SECRETARY, VAIKOM AREA COMMITTEE COMMUNIST PARTY OF INDIA (MARXIST), VAIKOM KOTTAYAM DISTRICT, PIN 686 141.
R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
--------------------------------- APPENDIX PETITIONER'S EXHIBITS :
------------------------------ P1:TRUE COPY OF THE LICENSE ISSUED BY THE MUNICIPALITY TO THIS PETITIONER DATED 05.06.2015.
P1 A:TRUE ENGLISH TRANSLATION OF EXHIBIT P1.
P2:TRUE PHOTOGRAPHS SHOWING THE PLANTING OF PARTY FLAT BY THE 6TH RESPONDENT AND THEIR PARTY MEN.
P3:TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 04.06.2015 ALONG WITH THE ACKNOWLEDGEMENT RECEIPT.
P3 A:TRUE ENGLISH TRANSLATION OF EXHIBIT P3.
P4:TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.06.2015.
RESPONDENTS' EXHIBITS :
------------------------------- NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17599 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondent Nos. 6 and 7 in view of the order which is being passed.
2. Petitioner has filed this writ petition praying for a direction to respondents 1 to 5 to render adequate, effective and meaningful protection to the life and properties of the petitioner, the customers of his shop and the properties of building No.VII/562 of Vaikom Municipality occupied by him and to ensure that petitioner can run his business without any obstruction and violence from respondents 6 and 7.
3. Learned Government after obtaining instructions submitted that the obstruction made was with regard to the unauthorised construction made by the petitioner and there being a settlement between the parties, the petitioner has demolished the unauthorised construction and as of now there is no threat or obstruction regarding the petitioner's business.
WP(C) No. 17599 of 2015 -:2:- Recording the above submission, we closed the Writ Petition. We, however, observe that in the event, any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file appropriate complaint before the police authorities and the police authorities may look into the same and do the needful in accordance with law. Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/15/06