G. Thulaseedharan v. The City Police Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 WP(C).No. 27774 of 2015 (V) ---------------------------- PETITIONER(S):

-------------- G. THULASEEDHARAN, AGED 54 YEARS S/O GOVINDAN PAZHAYATHU VEEDU( KALPAKAKAVADI),POZHIKKARA SOUTH PARAVUR-691 334 BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S):

--------------

1. THE CITY POLICE COMMISSIONER KOLLAM-691001.

2. THE CIRCLE INSPECTOR OF POLICE KOTTIYAM, KOLLAM-691 003.

3. THE SUB INSPECTOR OF POLICE KOTTIYAM, KOLLAM-691 003.

BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27774 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- EXT.P1: A COPY OF THE LICENSE OBTAINED BY THE PETITIONER. EXT.P1(a): ENGLISH TRANSLATION OF EXT.P1.

EXT.P2: A COPY OF THE FIR DT. 10/8/15.

EXT.P2(a): TRUE ENGLISH TRANSLATION OF EXT P2 (LAST PAGE OF FIR). EXT.P3: A COPY OF THE COMPLAINT DT. 29/8/15.

EXT.P3(a): TRUE ENGLISH TRANSLATION OF EXT. P3. EXT.P4: A COPY OF THE COMPLAINT DT. 29/8/15.

EXT.P4(a): TRUE ENGLISH RANSLATION OF EXT. P4. RESPONDENT(S)' EXHIBITS ------------------------ NIL //TRUE COPY// P.A.TO JUDGE

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

------------------------------------- W.P.(C)No.27774 of 2015 ---------------------------------- Dated this the 29th day of September, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Heard the learned counsel for the petitioner and the learned Sr.Government Pleader.

2. The petitioner has come with this writ petition seeking a direction to respondent nos.1 to 3 to provide adequate police protection for the peaceful running of the Toddy Shop No.18/2014-15 at Kannanallur in Group No.III of Chathannur Range, Kollam. The petitioner's case is that the toddy shop is being run by workers after obtaining due licence from the Excise Department. It is stated that certain obstruction is being created by some persons and in spite of complaint preferred, the police has not provided any protection. It is further submitted that the police has already registered a crime against the private persons as FIR No.1740/15. The learned Government Pleader submits

W.P.(C)No.27774 of 2015 that the panchayat, which is not a party to the writ petition, has taken a decision for issuing stop memo to all toddy shops. However, no stop memo has been issued to the petitioner. Since the petitioner has valid licence from the Excise department, the police authority should provide protection for running the toddy shops and make sure that no law and order situation is created in the functioning of the toddy shop.

With these observations, this writ petition is disposed of.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A.to Judge