ANTONY JOSEPH S/O JOSEPH & OTHERS v. THE STATION HOUSE OFFICER, KAINADI POLICE STATION, RAMANKARI POLICE STATION, PULINKUNNU POLICE STATION, NEDUMUDI POLICE STATION, EDATHUVA POLICE STATION, THE DISTRICT POLICE CHIEF, ALAPUZHA, THE DISTRICT LABOUR OFFICER, ALAPUZHA, AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942** ## **WP(C).No.24126 OF 2020(M)** ## **PETITIONER/S:** - **1 ANTONY JOSEPH S/O.JOSEPH, PATTASSERIL HOUSE, ARYAD THEKKU VILLAGE, AMABALPUZHA TALUK, DIST. ALAPUZHA - 688 006.** - **2 PRAVEEN KUMAR S/O.PRABHAKARAN, KALLUPURACKAL, KARUMADI VILLAGE, AMBALAPUZHA TALUK, DIST.ALAPUZHA - 688 562.** - **3 SHIJI CHERIAN S/O.CHERIAN, KONTHANVELIL VEETTIL, ARYADU THEKKU VILLAGE, AMBALAPUZHA TALUK, DIST.ALAPUZHA - 688 006.** - **4 BINUKUMAR K.P. S/O.PURUSHOTHAMAN, KOORKAPARAMBIL, ARYADU THEKKU VILLAGE, AMBALAPUZHA TALUK, DIST.ALAPUZHA - 688 006.** - **5 GOPALAKRISHNAN M.R. S/O.RAGHAVAN, MALATHARAYIL, NEDUMUDI VILLAGE, KUTTANAD TALUK, DIST.ALAPUZHA- 688 505.** - **6 SHIBU S/O.RAMACHANDRAN, MUPPATHILCHIRA VEETTIL, PULINKUNNU VILLAGE, KUTTANAD, DIST.ALAPUZHA - 688 502.** - **7 R.PRADEEP S/O.RAGHAVAN, KOYIPPALLY KIZHAKKETHIL, VETTUMENI VILLAGE, KARTHIKA TALUK, DIST.ALAPUZHA - 688 504.** - **8 PRASANNAN** **SAROJAM VEEDU, RAMANKARI VILLAGE, KUTTANAD TALUK, DIST.ALAPUZHA - 689 595.** - **9 PADMAKUMAR** **(SECRETARY, KUTTANAD RANGE KALLU SHOP CONTRACTORS ASSOCIATION) S/O.PADMANABHAN, KAVALASSERIL, MUTTAR VILLAGE, KUTTANAD TALUK, DIST.ALAPUZHA - 689 574.** - **10 RAHUL** - **S/O.RAVEENDRAN, COLONY NO.50, RAMANKARI VILLAGE, KUTTANAD TALUK, DIST.ALAPUZHA - 689 595.** W.P.(C) No.24126 OF 2020(M) 2 - **11 JOSEPH ANTONY S/O.ANTONY, PATTASERIL, ARYAD THEKKU VILLAGE, AMBALAPUZHA TALUK, DIST. ALAPUZHA - 688 006.** - **12 O.R.JAYAPRAKASH S/O.RAJAPPAN, PUTHENPARAMBU, KUNNUMMA VILLAGE, KUTTANAD TALUK, DIST.ALAPUZHA - 688 506.** **13 CHANDRA BOSE S/O.VISWAMBARAN, VISWAMANGALATHU, AMBALAPUZHA VILLAGE, AMBALAPUZHA TALUK, DIST.ALAPUZHA - 688 561.** - **14 RAHUL MOHANAN S/O.MOHANAN V.J., ATTUPURATHU, KAINAKARI VILLAGE, KUDAMANGALAM P.O., KUTTANAD TALUK, DIST.ALAPUZHA - 688 501.** **BY ADVS.** **SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU** ## **RESPONDENT/S:** |**1**|**THE STATION HOUSE OFFICER**| |---|---| ||**KAINADI POLICE STATION, KAINADI, KUTTANAD,**| ||**DIST.ALAPUZHA - 686 534.**| |**2**|**THE STATION HOUSE OFFICER**| ||**RAMANKARI POLICE STATION, RAMANKARI, KUTTANAD,**| ||**DIST.ALAPUZHA - 689 595.**| |**3**|**THE STATION HOUSE OFFICER**| ||**PULINKUNNU POLICE STATION, PUNINKUNNU, KUTTANAD,**| ||**DIST.ALAPUZHA - 688 502.**| |**4**|**THE STATION HOUSE OFFICER**| ||**NEDUMUDI POLICE STATION, NEDUMUDI, KUTTANAD,**| ||**DIST.ALAPUZHA - 688 505.**| |**5**|**THE STATION HOUSE OFFICER**| ||**EDATHUVA POLICE STATION, EDATHUVA, DIST.ALAPUZHA**| ||**- 689 573.**| |**6**|**THE DISTRICT POLICE CHIEF**| ||**ALAPUZHA - 688 001.**| W.P.(C) No.24126 OF 2020(M) 3 - **7 THE DISTRICT LABOUR OFFICER ALAPUZHA - 688 001.** - **8 K.R.PRASANNAN** - **SECRETARY, KUTTANAD TALUK, CHETHU THOZHILALI UNION(CITU), KUTTANAD, ALAPUZHA - 688 504.** - **9 ANANDAN SECRETARY, KUTTANAD TALUK, CHETHU THOZHILALI UNION (AITUC), KUTTANAD, ALAPUZHA - 688 504.** - **10 K.K.ARAVINDAKSHAN** - **SECRETARY, KUTTANAD TALUK, CHETHU THOZHILALI UNION(INTUC), KUTTANAD, DIST.ALAPUZHA - 688 504.** - **11 VIJAYAKUMAR** - **SECRETARY, KUTTANAD TALUK, CHETHU THOZHILALI UNION(INTUC), KUTTANAD, DIST.ALAPUZHA - 688 504.** - **12 SHAJI K.** - **SECRETARY, KUTTANAD TALUK, CHETHU THOZHILALI UNION(BMS), KUTTANAD, DIST.ALAPUZHA - 688 504.** - **13 A.J.SOMANATH SECRETARY, MADYAVYAVASAYA THOZHILALI UNION (CITU), KUTTANAD, ALAPUZHA - 688 504.** ## **R8-R9 BY ADV. SRI.M.K.PRADEEPKUMAR** ## **OTHER PRESENT:** ## **SRI P.P. THAJUDHEEN - SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.24126 OF 2020(M) 4 ## **JUDGMENT** The petitioners, who are stated to be licensees of various toddy shops in Kuttanad Range covered by Exts.P2 to P13 licenses for the year 2020-21, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 6 to provide sufficient and adequate police protection for the smooth conduct of toddy shops in Group Nos.1 to 6, 9, 11 to 15, 21, 23 and 24 in Kuttanad Excise Range in Alapuzha Division without any obstruction or interference from respondents 8 to 13 as well as persons acting behind them. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 5 to restrain the striking workers having allegiance to respondents 8 to 13 from conducting agitations within 200 meters radius of the toddy shops of the petitioners. 2. On 10.11.2020, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 to 7. Urgent notice by speed post was issued to respondents 8 to 13. 3. Counter affidavits have been filed on behalf of respondents 8 and 9, opposing the reliefs sought for in this writ petition. They have also filed additional counter affidavits. 4. Heard the learned counsel for the petitioners, the W.P.(C) No.24126 OF 2020(M) 5 learned Senior Government Pleader for respondents 1 to 7 also the learned counsel for all the party respondents. 5. In **Bharat Singh v. State of Haryana [(1988) 4 SCC 534]** the Apex Court held that, when a point which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evidence which must appear from the writ petition and if he is the respondent, from the counter affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter affidavit, as the case may be, the Court will not entertain the point. The Apex Court held further that there is a distinction between a pleading under the Code of Civil Procedure Code, 1908 and a writ petition or a counter affidavit. While in a pleading, i.e., a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counter affidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it. 6. The reliefs sought for in this writ petition are based on Ext.P1 complaint dated 02.11.2020 filed before respondents 1 to 5, the Station House Officers of the respective Police Stations. The said complaint reads thus: W.P.(C) No.24126 OF 2020(M) 6 “We the undersigned bring the following complaints to your goodself for necessary action. We have been conducting the toddy shop business after obtaining the requisite licences under the Abkari Act and rules on payment of rentals. We have been paying the wages to the toddy workers in our shops which is more than what are statutorily permitted. The Opposite party Unions and their workers started obstructing the functioning of our toddy shops by taking law into their hands. The Unions members and their supporters have been obstructing the functioning of the toddy shops and preventing the transport of toddy tapped outstation and transported to the toddy shops in vehicle under permit issued by govt since 2 weeks. The Opposite party unions are demanding higher wages which the industry can not contain or afford. The details of the toddy shops conducted by us are furnished below:- - (1) The 1[st] among us is one of the licensees of toddy shops Nos.1, 6, 7 in Group No.I of Kuttanad Range in Alapuzha Division. - (2) The 2[nd] among us is one of the licensees of toddy shops Nos.4, 99, 100 in Group No.II of Kuttanad Range in Alapuzha Division. - (3) The 3[rd] among us is one of the licensees of toddy shops Nos.8, 9, 11, 102 in Group No.III of Kuttanad Range in Alapuzha Division. - (4) The 4[th] among us is one of the licensees of toddy shops Nos.14, 16, 18, 103, 104 in Group No.IV of Kuttanad Range in Alapuzha Division. - (5) The 5[th] among us is one of the licensees of toddy shops Nos.20, 22, 75, 105 in Group No.V of Kuttanad Range in Alapuzha Division. - (6) The 6[th] among us is one of the licensees of toddy shops Nos.25, 23, 84, 86, 106 in Group No.VI of Kuttanad Range in Alapuzha Division. - (7) The 7[th] among us is one of the licensees of toddy W.P.(C) No.24126 OF 2020(M) 7 shops Nos.110, 27, 28, 73 in Group No.IX of Kuttanad Range in Alapuzha Division. (8) The 8[th] among us is one of the licensees of toddy shops Nos.13, 35, 38 in Group No.XI of Kuttanad Range in Alapuzha Division. (9) The 9[th] among us is one of the licensees of the toddy shops Nos.40, 41, 42, 115 in Group No.XII of Kuttanad Range in Alapuzha Division. (10) The 10[th] among us is one of the licensees of the toddy shops Nos.43, 44, 45, 46, 48, 116, 117 in Group No.XIII of Kuttanad Range in Alapuzha Division. (11) The 11[th] among us is one of the licensees of the toddy shops Nos.47, 49, 51, 119 in Group No.XIV of Kuttanad Range in Alapuzha Division. (12) The 12[th] among us is one of the licensees of the toddy shops Nos.52, 74, 121, 122 in Group No.XV of Kuttanad Range in Alapuzha Division. (13) The 13[th] among us is one of the licensees of the toddy shops Nos.68, 76, 77, 132, 133 in Group No.XXI of Kuttanad Range in Alapuzha Division. (14) The 14[th] among us is one of the licensees of the toddy shops Nos.87, 88, 89, 93, 95 in Group No.XXIII of Kuttanad Range in Alapuzha Division.(15) The 15[th] among us is one of the licensees of the toddy shops Nos.92, 90, 137, 94, 138 in Group No.XXIV of Kuttanad Range in Alapuzha Division. The Toddy workers under the Opposite Party unions have also started selling the toddy procured by tapping the trees in respect of which we have paid tree tax and pattom in open places without the toddy being delivered to the toddy shops. The above activities amount to commission of offences under the Abkkari Act attracting punishment. In the circumstances we request your goodselves to look into the matter and extent police protection to conduct the above said toddy shops without any obstruction or interference W.P.(C) No.24126 OF 2020(M) 8 from the opposite party unions or their men. We also request your goodselves to immediately take action to prevent the illegal sales of toddy by the workers of the opposite party unions and selling it in open places withing the limit of the Excise Range.” 7. After arguing for some time, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to file individual complaints before the concerned Station House Officer seeking police protection, with appropriate pleadings, and to move individual writ petitions, in case there is inaction on the part of the concerned Station House Officers in affording police protection. Based on the above submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners. **Sd/-** ## **ANIL K. NARENDRAN** **JUDGE** MIN W.P.(C) No.24126 OF 2020(M) 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A PHOTO COPY OF PETITION DATED 2/11/2020 SUBMITTED BY THE PETITIONERS BEFORE THE STATION HOUSE OFFICERS.** - **EXHIBIT P2 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.439/2020-21 ISSUED TO 1ST PETITIONER.** - **EXHIBIT P3 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.447/2020-21 ISSUED TO 2ND PETITIONER.** - **EXHIBIT P4 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.450/2020-2021 ISSUED TO 3RD PETITIONER.** - **EXHIBIT P5 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.455/2020-2021 ISSUED TO 4TH PETITIONER.** - **EXHIBIT P6 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.465/2020-2021 ISSUED TO 5TH PETITIONER.** - **EXHIBIT P7 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.472/2020-2021 ISSUED TO 6TH PETITIONER.** - **EXHIBIT P8 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.484/2020-2021 ISSUED TO 7TH PETITIONER.** - **EXHIBIT P9 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.495/2020-2021 ISSUED TO 8TH PETITIONER.** - **EXHIBIT P10 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.509/2020-2021 ISSUED TO 9TH PETITIONER.** - **EXHIBIT P11 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.523/2020-2021 ISSUED TO 11TH PETITIONER.** - **EXHIBIT P12 A PHOTO COPY OF 1ST AND LAST PAGE OF LICENCE NO.554/2020-2021 ISSUED TO 12TH PETITIONER.** W.P.(C) No.24126 OF 2020(M) 10 - **EXHIBIT P13 A PHOTOCOPY OF 1ST AND LAST PAGE OF LICENCE NO.564/2020-2021 ISSUED TO 13TH PETITIONER.** - **EXHIBIT P14 A PHOTOCOPY OF PETITION DATED 12.11.2020 FILED BEFORE THE EXCISE AUTHORITIES BY THE PETITIONERS.** - **EXHIBIT P15 A PHOTOCOPY OF PETITION DATED 11.11.2020 BEFORE THE DISTRCT LABOUR OFFICER** - **EXHIBIT P16 A PHOTOCOPY OF NOTICE DATED 02.11.2020 ISSUED BY THE 8TH RESPONDENT.** - **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R8(A) TRUE COPY OF G.O.(RT) NO. 586/2010/LABOUR DATED 30.3.2010** - **EXHIBIT R8(B) TRUE COPY OF THE GAZETTE NOTIFICATION NO 58/E/2018/ LABOUR DATED 2.8.2018** - **EXHIBIT R8(C) TRUE COPY OF THE G.O.(P) NO 101/2019/LABOUR DATED 5.11.2019** **EXHIBIT R8(C1) THE TRUE COPY OF THE RECEIPT DATED 5.11.2020 OF THIS RESPONDENT TO SRI.K.P.SANALKUMAR, LICENSEE GROUP NO.XX OF TODDY SHOPS UNDER KUTTANDU EXCISE RANGE** - **EXHIBIT R8(D) TRUE COPY OF THE LETTERS DATED 26.9.2020 OF THE 8TH RESPONDENT TO THE CONTRACTORS** - **EXHIBIT R8(E) TRUE COPY OF THE LETTERS DATED 18.10.2020 OF THE 8TH RESPONDENT TO THE CONTRACTORS** - **EXHIBIT R8(F) TRUE COPY OF THE LETTER DATED AND 2.11.2020 OF THE 8TH RESPONDENT TO THE LINCESEE** - **EXHIBIT R8(G) TRUE COPY OF THE LETTER DATED 27.10.2020 OF THE 8TH RESPONDENT TO THE 7TH RESPONDENT DISTRICT LABOUR OFFICE ALAPPUZHA** - **EXHIBIT R8(H) TRUE COPY OF THE LETTER DATED 5.11.2020 OF THE 8TH RESPONDENT TO THE LABOUR COMMISSIONER, THIRUVANANTHPAURAM** - **EXHIBIT R8(I) TRUE COPY OF THE NOTICE NO.G3/2486/2020 DATED 13.11.2020 OF THE 7TH RESPONDENT** W.P.(C) No.24126 OF 2020(M) 11 **EXHIBIT R9(a): TRUE COPY OF G.O.(RT) NO.586/2010/LABOUR DATED 30/03/2010. EXHIBIT R9(b): TRUE COPY OF GAZETTE NOTIFICATION NO.58/E/2018/ LABOUR DATED 02/08/2018. EXHIBIT R9(c): TRUE COPY OF G.O.(P) NO.101/2019/LABOUR DATED 05/11/2019. EXHIBIT R9(d): TRUE COPY OF THE LETTERS DATED 02/11/2020 OF THE 9TH RESPONDENT TO THE LICENSEE. EXHIBIT R9(e): TRUE COPY OF LETER TO THE CIRCLE INSPECTOR OF EXCISE KUTTANAD ON 29/10/2020 BY 9TH RESPONDENT. EXHIBIT R9(f): TRUE COPY OF LETTER TO THE CIRCLE INSPECTOR OF EXCISE KUTANAD ON 09/11/2020 BY 9TH RESPONDENT. EXHIBIT R9(g): TRUE COPY OF NOTICE NO.G3/2486/2020 DATED 13/11/2020 OF 7TH RESPONDENT.**