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2023 Supreme(Ker) 209

N. NAGARESH
Priyesh B. Kartha, S/o. Balakrishnan Kartha – Appellant
Versus
Deputy Superintendent Of Police, Office Of The Deputy Superintendent Of Police, Kuzhippallikkavu Road, Perumbavoor – Respondent


Advocates Appeared:
For the Petitioners: A. Balagopalan, Prabhu Murali Krishnan, M.S. Imthiyaz Ahammed, P. Seena, M.N. Manmadan, A. Rajagopalan
For the Respondents: Sri. K.T. Thomas, Sri. Mathew B. Kurian, Sri. E.C. Bineesh.

JUDGMENT :

1. The petitioners, who are licensees of Shop Rooms in Yathri Nivas Shopping Complex owned by the Perumbavoor Municipality, have approached this Court seeking to direct respondents 1 and 2 to afford adequate and effective police protection to the petitioners by preventing convening of public meetings, Dharnas and other functions in the parking space of the Yathri Nivas Shopping Complex. The petitioners have also sought for a direction to the 3rd respondent-Municipality to prohibit parking of autorickshaws in the parking space.

2. The petitioners state that there is a vacant space lying between the Yathri Nivas Shopping Complex and Aluva-Munnar Road, owned by the 3rd respondent-Municipality. The space is provided for parking of vehicles of the licensees of Shops and their customers. There is no other parking space for the building.

3. According to the petitioners, various political parties, associations and religious sects have started to use the aforementioned parking space for holding public meetings, Dharnas, etc. Such meetings are sometimes without any permission from any authorities. Conduct of meetings has become a routine affair now and it adversely affects the busin

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