SHAMSUDDIN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HEARD. Allowed. Additional respondents 9 and 10 are impleaded. Petitioners have come to this Court for issue of directions under Article 226 of the Constitution to respondents 1 to 3 to oblige them to afford police protection to the petitioners against illegal obstruction raised by respondents 5 to 8 against the conduct of fish vending business carried on in the premises which are leased/licenced to them by the 4th respondent Panchayat.

(2.) ACCORDING to the petitioners, they have obtained right to carry on fish vending business in the building constructed by the 4th respondent Panchayat. They have obtained such rights after competitive bidding. ACCORDING to them, they have paid all the amounts due to the 4th respondent panchayat. It is the grievance of the petitioners that respondents 5 to 8, who had not succeeded in getting premises leased/licenced to them by the Panchayat, are raising illegal obstruction against the peaceful and orderly conduct of the business run by the petitioners in the two rooms leased/licenced to them by the Panchayat. The petitioners complained to the Panchayat. The Panchayat in turn has addressed Exts.P7 to P9 complaints to the police officials. But in spite of such complaints, no action is being taken as the police are obliged to under Section 252 of the Kerala Panchayat Raj Act. It is, in these circumstances, that the petitioners have come to this Court with this petition.

(3.) RESPONDENTS 5 to 8 have entered appearance through a counsel. They are admittedly fish vendors. According to them, the Panchayat had constructed rooms in a 5 cents plot for the purpose of accommodating all the fish vendors. But unfortunately 10 of the 14 rooms have been given to chicken and meat vendors. Of the remaining 4 rooms, 2 remain unoccupied and two such rooms have been given to the the petitioners to carry on business of fish vending. According to respondents 5 to 8, in the absence of water and electricity connection, the two remaining rooms cannot be made use of for the purpose of fish vending. That even the rooms allotted to the petitioners are also similarly placed, is not disputed.