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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.R.RAMACHANDRA MENON, N.ANIL KUMAR, JJ
M.PRADEEP – Appellant
Versus
SUB INSPECTOR OF POLICE CHALISSERI POLICE STATION – Respondent
| Table of Content |
|---|
| 1. licensing and obstruction issues for toddy shops. (Para 2 , 3 , 4 , 5) |
| 2. public nuisance claims raise concerns. (Para 6) |
| 3. challenge to local authority over licensing enforcement. (Para 8 , 9 , 10) |
| 4. authority in notifying dangerous activities discussed. (Para 11 , 12 , 13 , 15 , 18 , 19) |
| 5. right to trade and police protection affirmed. (Para 20 , 21) |
JUDGMENT
N.ANIL KUMAR,J:
The issue involved in these three cases is closely interlinked and hence they are dealt with together. In order to appreciate the issue involved in these writ petitions, it is advantageous to set out the facts in detail including the background of facts, which have led to the filing of these writ petitions. Parties are hereinafter referred to as 'the petitioner' and 'the respondents' according to their status in WP(C) 30081/2018 unless otherwise stated.
2. In W.P(C) No.30081/2018, the petitioner is one of the two licensees of Toddy Shop Nos.56/2014-15 of Chalissery in Group No.XIV of Thrithala Excise Range from 2014-2015 onwards. The toddy shop was functioning in the building comprised in Sy.No.237/2 of Chalissery Village, which was situated very near to the State Highway. In State of Tamil Nadu
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