Kerala High Court
WP(C)/44320/2023 of FAYAZ RAHMAN Vs STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 WP(C) NO. 44320 OF 2023 PETITIONER: FAYAZ RAHMAN AGED 44 YEARS PROPRIETOR, DQF AGENCY PUTHEN CHACKALAKKAL VEETIL, AMBELIPADAM ROAD, POONITHURA, VYTILLA,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945WP(C) NO. 44320 OF 2023
PETITIONER:
FAYAZ RAHMANAGED 44 YEARSPROPRIETOR,
DQF AGENCY PUTHEN CHACKALAKKAL VEETIL,
AMBELIPADAM ROAD, POONITHURA,
VYTILLA, ERNAKULAM, PIN - 682019
BY ADV K.N.MUHAMMED THANVEER
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012THE DISTRICT POLICE CHIEFOFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION WARD, ALAPPUZHA, PIN - 6990123THE SUB INSPECTOR OF POLICEALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA, PIN - 6880014ARCHA UNNI
PROPRIETOR, M/S. PAKAL PRODUCTIONS & ENTERTAINMENTS, AGED 29 YEARS, D/O. KR RATNAMMA, RESIDING AT 44/1207,ARAKKAL HOUSE, POONITHURA VILLAGE, PALARIVATTOM, ERNAKULAM- 682025.
PRESENT ADDRESS: "ECTASY",
ALAPPUZHA BEACH GROUND, BEACH ROAD, ALLEPPEY, PIN - 6880125JOTHY KUMAR CHAMAKKALA. JOTHY KUMAR CHAMAKKALA, AGED 45 YEARS, MANAGER "ECTASY", ALAPPUZHA BEACH GROUND, BEACH ROAD, ALLEPPEY, PIN - 688012
..2..6SHREEVALSAN NAIRAGED NOT KNOWN, S/O. NOT KNOWN, BABY BHAWAN, CHEMBUR P.O., TRIVANDRUM, PIN - 695013BY SMT. SAROJINY K.G. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 29.12.2023, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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J U D G M E N T
Dated this the 29[th]day of December, 2023
The petitioner seeks police protection for thesmooth conduct of an acqua show together with astall, which has been arranged on the beachpremises, at Alappuzha. The show commenced on15.12.2023 and culminates on 28.01.2024. Thegrievance of the petitioner is that respondents 4, 5and 6 are causing obstruction and threat to theconduct of the show and also to the life of thepetitioner. Certain photographs have been producedas Ext.P3, which would indicate the wanton acts onthe part of the said respondents. Though anapplication was preferred before the 3rd respondent,no protection, what so ever, has been granted.
2. Learned Government Pleader, who took instructionsover the phone, submits that the petitioner is notpossessed of the requisite license for the conductof aqua show and for running the stall.
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3. This argument was met by the learned counsel forthe petitioner by referring to Ext. P2, which is alicense issued by the Municipality of Alappuzha,which also refers to the existence of the requisitelicense from various departments. If that be so,this Court finds no reason to deny the petitionerhis legitimate demand to get police protection forthe conduct of the acqua show.
4. Resultantly, there will be a direction torespondents 1 to 3 to afford adequate and effectivepolice protection to the petitioner for conductingthe acqua show, as well as the stalls that arementioned in Ext.P2 license, and also to avertthreats, if any, to the life and person of thepetitioner at the instance of respondents 4 to 6 orfor that matter, anybody else.
This writ petition stands disposed of as above. H/o Sd/- mtk//23.12.2023
C. JAYACHANDRAN
JUDGE
APPENDIX OF WP(C) 44320/2023
PETITIONER EXHIBITS
Exhibit P1
TRUE COPY OF THE SANCTION LETTER NO. A6-5533/2023 DTD. 16.11.2023 ISSUED BY THE KERALA MARITIME BOARD
Exhibit P2
TRUE COPY OF THE PPR LICENSE NO. H2/28583/23 DTD. 21.12.2023 ISSUED BY THEHEALTH OFFICER, ALAPPUZHA CORPORATION
Exhibit P3
CCTV PHOTOGRAPHS EVIDENCING CERTAIN MEN ILLEGALLY TRYING TO ENCROACH UPON THE PETITIONER'S EXHIBITION ON 27.12.2023 AT ABOUT 21.33 HRS
Exhibit P4
TRUE COPY OF THE COMPLAINT DTD. 28.12.2023 GIVEN BY THE PETITIONER TO THE3RD RESPONDENT ALONG WITH ACKNOWLEDGMENT RECEIPT