Kerala High Court
Rajeevan P.P vs The Superintendent Of Police on 4 July, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY,THE 4TH DAY OF JULY 2017/13TH ASHADHA, 1939
WP(C).No. 12284 of 2017 (I)
----------------------------
PETITIONER(S):
-----------------------
1. RAJEEVAN P.P.,
S/O.KUNHAPPA NAIR, AGED 47 YEARS,
PAKKANHI HOUSE, SOUPARNIKA LOTTERIES,
KCP XIII/1494 G19,
PERUMPARAMBA, IRITTY P.O., PIN: 670 703.
2. A.S.MATHEW,
S/O.DEVASIA,AGED 61 YEARS, ROOM NO.13/1494-F5,
KAIKERY VILLAGE, KAIKERI P.O., GONIKOPPAL,
SOUTH COORG, KARNATAKA, PIN: 571 213.
3. NISAR.K.,
KAYAPPANICHI, MADEENA MANZIL,
VILAKKODE, MUZHAKKUNNU, ROOM NO.KCP XIII/1494 GB,
IRITTY TOWN.
4. MITHUL PRATHAP V.K.,
S/O.PRATHAP, AGED 25 YEARS, SHANTHI SREE,
TEMPLE ROAD, P.O.IRITTY, KANNUR -670 703.
5. ANTO MATHEW,
S/O.MATHEW, AGED 46 YEARS,
MANIKOMPEL, KACHERIKADAVU P.O.,
KILANTHARA (VIA), PIN: 670 706.
6. LINESH BABU N.V.,
AGED 46 YEARS, BARBER, ROOM NO.13/14,
IRITTY TOWN, P.O.IRITTY.
7. ABOOSALY K.K.P., AGED 39 YEARS, S/O.K.K.P.KHADER,
'SUBAH', ROOM NO.1494/F7,
PUNNAD P.O., PUNNAD, PIN: 670 703.
8. MUHAMMEDALI KOYILODE, AGED 50 YEARS,
SHOPPING COMPLEX NO.13/1494/F2,
KEEZHUR CHEVASSERI PANCHAYATH SHOPPING COMPLEX,
IRITTY TOWN, P.O.IRITTY
9. THEJUS SUNNY, AGED 30 YEARS, PROPRIETOR,
ANJALI SILKS, ROOM NO.KCP 13G5, IRITTY TOWN,
P.O.IRITTY.
2/-
-2-
WP(C).No. 12284 of 2017 (I)
10. ASHRAF P.K,
AGED 41 YEARS, ROOM NO.KCP XIII/1494G (18),
IRITTY TOWN, P.O.IRITTY.
11. SAJI JOSE,AGED 21 YEARS,
SHOP NO.1394/G, KEEZHUR CHAVASSERI
PANCHAYATH SHOPPING COMPLEX,
P.O.IRITTY.
12. K.IBRAHIM,S/O.P.P.ABDULLA, 9.B,
MADEENA MANZIL, VILAKKODE,IRITTY,
KANNUR, PIN: 670 703.
BY ADVS.SRI.K.V.PAVITHRAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SRI.P.SAJU
RESPONDENT(S):
----------------------------
1. THE SUPERINTENDENT OF POLICE,
KANNUR, P.O.KANNUR PIN: 670 001.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
IRITTY P.O., IRITTY, PIN: 670 703.
3. THE CIRCLE INSPECTOR OF POLICE,
IRITTY, P.O.IRITTY, PIN: 670 703.
4. THE SECRETARY,
IRITTY MUNICIPALITY,
P.O.IRITTY, PIN: 670 703.
5. THE IRITTY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
KEEZHUR CHAVASSERI, P.O.PUNNAD, PIN: 670 70.
6. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM.
R1 TO R3,R5 BY GOVERNMENT PLEADER SRI.SURIN GEORGE IPE
R4 BY SRI. P.K.RAVISHANKAR, SC, IRITTY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04-07-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 12284 of 2017 (I)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
--------------------------------------
EXHIBIT P1 TRUE COPIES OF THE LICENSE FEE RECEIPTS ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONERS 1 TO 5, 7, 9 & 11
EXHIBIT P2 TRUE COPY OF THE PHOTO OF THE AUDITORIUM
EXHIBIT P3 TRUE COPY OF THE OPEN SPACE AND PASSAGE PHOTOS SHOOTED
AT THE TIME OF CONDUCTING PROGRAMMES
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED ALONG WITH
POSTAL RECEIPTS AND ACKNOWLEDGEMENTS
RESPONDENT(S)' EXHIBITS: NIL
------------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
P.B.SURESH KUMAR, J.
--------------------------------------------
W.P.(C).No.12284 of 2017
---------------------------------------------------------------
Dated this the 4th day of July, 2017
J U D G M E N T
The petitioners are lessees occupying the shop rooms in a shopping complex belonging to the fifth respondent Municipality. There is an open air auditorium behind the shopping complex. The grievance of the petitioners in the writ petition concerns the nuisance and inconvenience caused to them while the open air auditorium behind the shopping complex is being used by organisations and political parties for public functions.
2. The learned Government Pleader, on instructions, submits that all earnest efforts are being taken by the police to redress the grievance of the W.P.(c).No.12284 of 2017 : 2 : petitioners.
3. The learned counsel for the Municipality submits that permission is given to conduct public functions only in the open air auditorium behind the shopping complex and it is, therefore, for the police to abate the nuisance and inconvenience caused to the petitioners.
In the light of the submissions made by the learned Government Pleader as also the learned counsel for the fifth respondent Municipality, the writ petition is disposed of directing respondents 1 to 3 to prevent use of the precincts of the shopping complex by the people who assemble for public functions behind the shopping complex, in a manner which would cause nuisance and inconvenience to the petitioners and other occupants of the shopping complex.
Sd/-
P.B.SURESH KUMAR JUDGE rsr W.P.(c).No.12284 of 2017 : 3 :