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2007 Supreme(Ker) 520

K.BALAKRISHNAN NAIR, T.R.RAMACHANDRAN NAIR
Bosco Antony – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K. Balakrishnan Nair, J.

This is a Writ Petition filed, seeking police protection to run a shop. The petitioner has been granted Ext.P1 licence to run T.S.No.43 at Garudanmoola in Cherpu Excise Range for the Abkari year 2007-08. The licence is granted in respect of a building bearing door No.X/181 of Thannyam Crania Panchayat. When the petitioner tried to start business in the shop, respondents 9 and 10 and their supporters started causing obstruction. Therefore, he filed Ext.P2 representation before the police, seeking protection for running the shop. Since no help was extended by the police, this Writ Petition was filed, seeking the following reliefs:

"i) declare that the petitioner is entitled to get police protection as per the request in Ext.P2;

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 5 to give necessary and adequate police protection to the petitioner, toddy shop No.43 in Cherpu excise range covered by Ext.P1 licence workers of the toddy shop, customers of the toddy shop and also to keep away the agitators, if any, 100 meters away from the gate of the toddy shop."

2. The learned Government Pleader has file






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