R. RAVIKUMAR, AGED 49 YEARS, S/O. RAGHAVAN PILLAI, SREE BHADRA HOTEL, KAVANAD, RESIDING AT KALLINGAZHIKATHU HOUSE, SAKTHIKULANGARA, KAVANADU P.O., KOLLAM DISTRICT Vs. THE SUB INSPECTOR OF POLICE SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT

JUDGEMENT

(1.) The question involved in this Writ Petition is whether a Sub Inspector of Police can issue an order directing the owner of a hotel to close down the hotel after 11 p.m. on the ground that anti social elements used to go to the hotel during night and also on the ground that traffic block would occur as a result of parking of container lorries and goods vehicles near the hotel premises.

(2.) The petitioner is running Sree Bhadra Hotel at Sakthikulangara. He has got the necessary licences, registration and certificates from the authorities to run the hotel. Ext.P1 Health Card and the licence issued by the Corporation of Kollam and the identity card issued by the Food, Safety and Standards Authority of India would show that he is entitled to run the hotel. The hotel has no lodging facility. In the area where the hotel is situated, fishing operations take place during day and night. It is stated that there are three or four petrol bunks and more than four hotels in the locality. Two workshops are situated nearby. It is stated that even during midnight, business activities are going on in the place. Boats will be taken to sea during midnight and early morning for fishing. Sakthikulangara police station is situated about 150 metres away from the hotel in question. The petitioner resides with his family near to the said hotel. The hotel works during 24 hours a day. Business also takes place during these hours.

(3.) While so, the first respondent (Sub Inspector of Police, Sakthikulangara Police Station) issued Ext.P5 order, that too without hearing the petitioner, directing the petitioner to close down the hotel after 11 p.m. It is stated in Ext.P5 that the premises of the hotel have become the centre of activities by the anti social elements. It is stated that several warnings were given to the petitioner, he ignored the same. Hassles used to take place in the hotel premises. Due to the parking of huge container lorries and trucks, even traffic block used to occur. On these grounds, the petitioner was directed to close down the hotel after 11 p.m.