K K SUBRAMANIYAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner for the peaceful conduct of his business of running a wholesale out let of fish. THE petitioner has obtained requisite licence under Ext.P1. Respondents 3 to 5 are local persons who allegedly are raising illegal obstruction against the running of the petitioner's business. THEy have no legal right to raise any such objection. THE business shall be run by the petitioner strictly in accordance with law and without causing any unjustifiable nuisance to any other. In these circumstances, it is prayed that appropriate directions may be issued.

(2.) RESPONDENTS 3 to 5 have entered appearance. It is conceded that two suits - one filed by the petitioner and the other against the petitioner, are pending. In the suit filed by the petitioner, Ext.P11 interim order has admittedly been passed by the civil court permitting the petitioner to carry on his business. In the suit filed by respondents 3 to 5, though an application for interim order was filed, no interim orders have so far been passed in favour of respondents 3 to 5. The licence granted under Ext.P1 has not been challenged before the Tribunal for Local Self Government Institutions. According to respondents 3 to 5, they intend to raise a challenge against Ext.P1 licence before the Tribunal immediately. Ombudsman for Local Self Government has already been moved by respondents 3 to 5. The Ombudsman has not passed any orders so far. RESPONDENTS 3 to 5 apprehend that the running of the wholesale business of fish in the property in question is likely to result in hazards to environment. In these circumstances, it is prayed that police protection may not be granted to the petitioner.

(3.) WE may, however, hasten to observe that the order of police protection shall be subject to the challenge against Ext.P1, if any, before the Tribunal for Local Self Government Institutions; orders, if any, to be passed by the Ombudsman for Local Self Government Institutions and orders, if any, to be passed by the civil court in the suit filed by respondents 3 to 5. WE make it clear further that if the actual running of the business by the petitioner results in any hazards to environment, the right of respondents 3 to 5 to seek appropriate relief from the authorities/courts shall also stand unfettered by this judgment.