VILASINI Vs. STATE OF KERALA

JUDGEMENT

(1.) Toddy is considered as a natural alcohol and health drink. To an average tourist, Kerala is famous for toddy, but, the operation of toddy shops does not bring cheer to the residents in the neighbourhood of such toddy shops. The State of Kerala is known to be a consumer State and its exponential growth in lifestyle has thrown up many challenges on the social front. Toddy shops run in the primitive style have become an eyesore to its neighbours. In social life, anything that is lopsided or degenerated in quality is decried in different forms. These writ petitions resemble a cause for those values cared and nurtured by Keralites. The issue of privacy was not raised as the main issue in these writ petitions. These writ petitions filed for different reliefs in varied grounds, urge the common concern in regard to the pain and suffering faced by each one of them on account of the location of toddy shops near to their houses. This Court, realising that this is related more to the privacy of those individuals, decided to proceed with the issues raised in these writ petitions on a broader parameter to assimilate the concern within the frame of the right to privacy. To further the Court's enquiry, this Court appointed two lawyers of this Court as amici curiae. Sri. R.T.Pradeep, a seasoned lawyer of this Court and a young lawyer Sri.Ashok Kini were appointed as amici curiae. Their contribution to deciding this case is immense. This Court at the outset, records its appreciation to these lawyers in enlightening the Court on various aspects related to this issue.

(2.) Before dealing with the issue of privacy, it is appropriate to refer to the facts of each case.

(3.) As referable to the pleadings, the underlying concern in all these writ petitions is the protection of privacy of the persons who have challenged the location of such toddy shops. The issue, therefore, in all these writ petitions will have to be considered together by way of common judgment.