SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are stated to be the tenants of certain shop rooms in a Shopping Complex belonging to the 2nd respondent - Perumbavoor Municipality, called the "Perumbavoor Municipality Vegetable Market cum Shopping Complex" (hereinafter referred to as "Shopping Complex" for short). They allege that the parking area of the said Complex is being unauthorisedly allowed by the Municipality to be occupied by various Political and Social groups to conduct meetings and such other assemblies in blatant violation of law.

(2.) The petitioners say that when such congregation of people takes place, their businesses are severely affected and that they were, therefore, constrained to approach the Municipality seeking that such activities be interdicted in future. The petitioners say that, in spite of this, the Municipality has permitted such activities and therefore, pray that the competent Authority of the Municipality be directed not to give permission to any political party, organization or individuals to conduct "meetings", "satyagrahas", "dharnas" or any other such programmes within the compound of the Shopping Complex. They, alternatively, pray that if such activities are attempted even without permission being granted, then respondents 3, 4 and 5 be directed to ensure that such assemblies are disbursed as per the provisions of the Police Act, Code of Criminal Procedure and other applicable Statutes.

(3.) In answer to the afore submissions made on behalf of the petitioners by their learned counsel, Sri. V. Rajendran, the learned Standing Counsel for the Perumbavoor Municipality, Sri. K.T. Thomas, submits that a statement has been filed on record, wherein the following have been clearly averred.