High Court of KeralaWP(C)/20654/2014disposed of

P.P. Poulose v. The Circle Inspector Of Police

2015-02-16Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 20654 of 2014 (F) ---------------------------- PETITIONER(S) :- ------------------- P.P. POULOSE S/O.PAILY, PARASSERY HOUSE, ALAMATTAM DESOM THIRUMUKKULAM VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT. (LICENSEE OF TS.NO.1/2014-15-THRITHALA RANGE).

BY ADV. SRI.M.C.JOHN RESPONDENT(S) :- ------------------

1. THE CIRCLE INSPECTOR OF POLICE PATTAMBI, PALAKKAD, PIN-679 551.

2. THE SUB INSPECTOR OF POLICE CHALISSERY, PATTAMBI, PALAKKAD-679 551.

3. THIRUNECHICKAL ZAKARIA S/O.KANNURKARAN UNNI, THRITHALA, PALAKKAD-679 551.

4. SURESH S/O.MACHINGAL SUBRAMANIAN, THRITHALA PALAKKAD-679 551.

5. THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION, CIVIL STATION, PALAKKAD-679 550. R1, R2 & R5 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 20654 of 2014 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1.TRUE COPY OF THE RELEVANT PORTION OF THE LICENCE NO.512/2014-15 DATED 31/3/2014 ISSUED BY THE 5TH RESPONDENT. EXT.P1(a).TRUE COPY OF THE ENGLISH TRANSLATION. EXT.P2.TRUE COPY OF THE TODDY TRANSPORT PERMIT NO.83/14-15/IR/1HY DATED 25/3/2014 ISSUED BY THE 5TH RESPONDENT.

EXT.P3.TRUE COPY OF THE COMPLAINT DATED 13/6/2014 SUBMITTED BY THE PETITIONER.

EXT.P4.TRUE COPY OF THE ENGLISH TRANSLATION.

EXT.P5.TRUE COPY OF THE ACKNOWLDGEMENT DATED 15/6/2014. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.20654 of 2014 -------------------------------------- Dated this the 16th day of February 2015

J U D G M E N T

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

Though notices were issued to respondent Nos.3 and 4 and which were served, no one entered appearance for them when the case was called today.

By this writ petition, the petitioner has prayed for a direction to respondents 1 and 2 to provide adequate protection for conducting T.S.No.1/14-15 Kozhikkara in Group No.I Thrithala Excise Range during the validity period of Ext.P1 licence. Petitioner's case is that he had already been issued Ext.P1 licence for conducting the said toddy shop. It is submitted that obstructions are being created by respondents 3 and 4 by stopping the vehicle, which were carrying toddy to the shop. 4.

Learned Government Pleader submits that subject to Ext.P1 licence still being valid, the police shall provide adequate protection to the petitioner.

W.P.(C) No.20654 of 2014 -: 2 :- In the above view of the matter, we dispose of the writ petition directing the 2nd respondent to ensure that no obstruction is being created in the running of the toddy shop by the petitioner as per Ext.P1 licence.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt