P.S.Anilkumar v. The Station House Officer
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 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 21833 of 2015 (D) ---------------------------- PETITIONERS:
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1. P.S.ANILKUMAR AGED 53 YEARS S/O.SREEDHARAN, PUTHENPARAMBU, POOVANTHURUTHU P.O. KOTTAYAM.
2. K.G.ASHOKAN S/O.GOPALAN, KUTTICHIRAVEETTIL THANNEERMUKKAM NORTH VILLAGE, CHERTHALA TALUK DISTRICT ALAPPUZHA.
BY ADVS.SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU RESPONDENTS:
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1. THE STATION HOUSE OFFICER KOTTAYAM WEST POLICE STATION, KOTTAYAM-686001.
2. THE CIRCLE INSPECTOR OF POLICE KOTTAYAM WEST CIRCLE, KOTTAYAM-686001.
3. THE DISTRICT POLICE CHIEF KOTTAYAM DISTRICT, KOTTAYAM-686001.
4. THE DISTRICT LABOUR OFFICER KOTTAYAM-686001.
5. THE KOTTAYAM TALUK MADYA VYAVASAYA THOZHILALI UNION (CITU) REG.NO.201/80 REPRESENTED BY GENERAL SECRETARY P.N.RAVI.
BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21833 of 2015 (D) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 : TRUE COPY OF THE 1ST PAGE OF LICENCE NO.508/14-15. EXT.P2 : TRUE COPY OF THE MEMORANDUM OF SETTLEMENT NO.C 4993/2014 DT.4-12-14.
EXT.P3 : TRUE COPY OF THE SPECIMEN YEARLY STATEMENT OF WAGES AND OTHER BENEFIT FOR THE YEAR 2014-15 ISSUED BY R5. EXT.P4 : TRUE COPY OF THE FRESH STATEMENT OF WAGES FOR THE YEAR 2014-15 ISSUED BY R5.
EXT.P5 : TRUE COPY OF THE PETITION DT.18-7-2015 SUBMITTED TO R1. EXT.P6 : TRUE COPY OF THE DISPUTE DT.18-7-2015 SUBMITTED TO R4. RESPONDENTS' EXHIBITS --------------------- NIL //TRUE COPY// PA TO JUDGE
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.21833 of 2015 ---------------------------------------- Dated this the 30th day of July 2015
J U D G M E N T
Ashok Bhushan Petitioners have approached this Court seeking police protection. It is stated that the petitioners are conducting toddy shop in terms of licence No.508/14-15, Ext.P1. When disputes were raised by the 5th respondent, wage settlement has been arrived at and according to the petitioners, the wages as per the settlement has already been paid. Still, the submission of the petitioners is that the 5th respondent and their men are creating obstruction in the functioning of the toddy shop. 2.
Though notice was served on the 5th respondent, there is no appearance. Heard learned Government Pleader as well. 3.
Having regard to the nature of contentions urged on behalf of the petitioners, since the petitioners are entitled to conduct toddy shop in terms of Ext.P1 licence, if there is any obstruction from the 5th respondent or their men, on the complaint of the petitioners, police shall ensure maintenance of
law and order and prevent any such obstruction in the matter relating to conduct of toddy shop.
With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr