IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 WP(C) NO. 11167 OF 2021 PETITIONER:

RAFEEQ AHMED.K AGED 52 YEARS S/O. ABDUL RAZAK KURCHIPALLA SHEIKH, PROPRIETOR, MARGIN FREE SUPER MARKET, KUMBLA (P.O), KASARAGOD DISTRICT,PIN-671 323 BY ADVS.

JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

2 THE DISTRICT POLICE CHIEF, KASARAGOD, VIDYANAGAR (P.O), KASARAGOD,PIN-671 123

3 THE CIRCLE INSPECTOR OF POLICE, KUMBLA POLICE STATION, KUMBLA (P.O) KASARAGOD DISTRICT,PIN-

671 321

4 SIVARAM PAKALA, PRESIDENT -IN-CHARGE, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, KRITHI JEWELRY, R.S ROAD, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

5 SHEREEF, CONVENOR, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, SAAD BAGS, R.S ROAD, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

6 KAMALAKSHA PANJA, GENERAL SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, SELECTION CENTRE, TRINITY COMPLEX, MAIN JUNCTION, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

7 SUKUMARA KOPPALA, SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, KOPPALA SOUNDS, BANDIYOD JUNCTION, MANGALPADY (P.O), KASARAGOD DISTRICT,PIN-671 324

8 MOHAMMED ALI, EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, APOLLO HARDWARE, BADIYOD JUNCTION, MANGALPADY (P.O), KASARAGOD DISTRICT,PIN-671 324

9 U.K.ABDUL RAHIMAN EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, U.K.GENERAL STORES, MAK FLORA COMPLEX,UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

10 V.P.MAHARAJA EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, VIJAY BAKERS, AMBAR JUNCTION, MANGALPADY (P.O), KASARAGOD DISTRICT,PIN-671 324

11 BASHEER, EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, IDEAL BACKERY, MAIN JUNCTION, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

12 UMESH SHETTY, EXECUTIVE COMMITTEE MEMBER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT, PUSHPAK COURIERS, KAIKAMBA JUNCTION, UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322

13 ABDUL HANEEF TREASURER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, UPPALA UNIT,RAINBOW BAKERY, BUS STAND COMPLEX,UPPALA (P.O), KASARAGOD DISTRICT,PIN-671 322 BY SRI.E.C.BINEESH-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner has approached this Court seeking a direction to respondents 1 to 3 to afford him adequate and effective protection for carrying on his business activity in the name of “Margin Free Market” at Kumbla, without any obstruction from respondents 4 to

13 or their men and Associates.

2. The petitioner says that respondents 4 to 13 are conducting illegal 'Dharnas' and such other obstructive activities in front of the shop and that this is now causing immeasurable damage to his reputation and to the conduct of the business. The petitioner says that he was, therefore, compelled to approach the 3^rd respondent - Circle Inspector of Police through Ext.P4, seeking protection; but alleges that no action was taken thereon, thus constraining him to approach this Court through this writ petition.

3. I have heard Smt.Hiba A.K, learned counsel for the petitioner and Sri.E.C.Bineesh, learned Government Pleader for the respondents 1 to 3.

4. Even though notices from this Court have been validly served on respondents 4 to 13, they have chosen not to be present in person or to be represented through counsel; inferentially guiding me to the impression that they have no objection to the grant of reliefs in favour of the petitioner.

5. I notice that when this matter was earlier considered by another Judge of this Court, an interim order, as prayed for, had been issued.

6. The learned Government Pleader - Sri.E.C.Bineesh, submitted that,