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2015 Supreme(Online)(KER) 19049

HIGH COURT OF KERALA
R VISHAKH – Appellant
Versus
NIDHEESH – Respondent
WRIT PETITION (CIVIL) 33658/2015



IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN

&

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937

WP(C).No. 33658 of 2015 (F)

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

PETITIONER :

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

R.VISHAKH, AGED 29 YEARS

S/O.D.REGHU, PRANAVAM HOUSE, NJAKKANAL P.O.,

OCHIRA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT.

BY ADVS.SRI.M.G.KARTHIKEYAN

SRI.NIREESH MATHEW

RESPONDENT(S) :

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

1. THE SUB INSPECTOR OF POLICE

KOTTIYAM POLICE STATION, KOLLAM DISTRICT – 691571.

2. THE CIRCLE INSPECTOR OF POLICE

KOTTIYAM POLICE STATION, KOLLAM DISTRICT - 691571

3. THE DEPUTY SUPERINTENDENT OF POLICE

CHATHANNOOR, KOLLAM DISTRICT - 691001

4. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)

POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695001

5. STATE OF KERALA

REP. SECRETARY (HOME AFFAIRS)

GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695001

6. SURESH

S/O.RAMAKRISHNAN,

REMYA BHAVANAM, DECENT MUKKU P.O.,

KOLLAM – 691577.

7. NIDHEESH

S/O.SUJAN BABU, NIDHEESH BHAVANAM,

DECENT MUKKU P.O., KOLLAM - 691577

R1 TO R5 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn

...2/-

WP(C).No. 33658 of 2015 (F)

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

APPENDIX

PETITIONERS' EXHIBITS :

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

EXT. P1:

PHOTOCOPY OF THE PETITION DATED 19.10.2015 SUBMITTED

BEFORE THE 1ST RESPONDENT WITH COPIES TO RESPONDENTS

2 TO 5.

RESPONDENT(S)' EXHIBITS : NIL

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

//TRUE COPY//

P.A. TO JUDGE

Mn

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

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

W.P.(C) No. 33658 OF 2015

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

Dated this the 19th day of November, 2015

JUDGMENT

Shaffique, J.

This writ petition has been filed by the petitioner

seeking police protection. According to the petitioner, he has

obtained all necessary licenses and permits for conducting

toddy shop No.19 in Chathannoor Excise Range. However,

respondents 6 and 7 and their men are creating obstruction to

the functioning of the shop. Petitioner has filed a complaint

before the Police and since no action was taken by the Police,

this Writ Petition is filed.

2. The facts involved in the writ petition would

disclose that the petitioner has valid licenses to function a

toddy shop in Chathannoor Excise Range in Kollam Division.

3. Under such circumstances if there is any

obstruction from respondents 6 and 7 or their men, it will be

the obligation of the 1st respondent to ensure maintenance of

law and order. Accordingly, there will be a direction to the 1st

WP(C) No. 33658 of 2015

-:2:-

respondent to maintain law and order and to see that no

obstruction is created at the instance of respondents 6 and 7 or

their men.

The Writ Petition is disposed of as above.

Ashok Bhushan,

Chief Justice.

A.M. Shaffique,

Judge.

ttb/19/11

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