Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 WP(C) NO. 882 OF 2024 PETITIONER:
ARCHA UNNI AGED 29 YEARS D/O KALPANA.K.K., PROPRIETOR, M/S PAKAL PRODUCTIONS & ENTERTAINMENTS, ECTASY ALAPPUZHA BEACH GROUND, BEACH ROAD, ALLEPY, PERMANENTLY R/AT 44/1207, ARACKAL HOUSE, INDIRA ROAD, PALARIVATTOM KOCHIN, PIN - 682025 BY ADVS.
T.S.MAYA (THIYADIL) K.A.SUNITHA RESPONDENTS:
1 COMMISSIONER OF POLICE ALAPPUZHA DISTRICT ALAPPUZHA, PIN - 688001 2 STATION HEAD OFFICER [SHO] ALAPPUZHA SOUTH POLICE STATION ALAPPUZHA DISTRICT, PIN - 688001 3 FAYAZ REHMAN AGED 44 YEARS PROPRIETOR, DQF AGENCY, MARINE WORLD, ALAPPUZHA BEACH GROUND, BEACH ROAD, ALAPPUZHA, OFFICE IS AT PUTHEN CHACKALAKKAL VEETTIL, AMBELIPADAM ROAD, POONITHURA VYTILLA, ERNAKULAM, PIN - 682019 4 SANTHOSH THULASEEDHARAN AGED 45 YEARS S/O VALSALA MEDATYIL LINE, ULIYAKOVIL, KADAPPAKADA P.O.
KOLLAM , MANAGER DQF AGENCY, MARINE WORLD, ALAPPUZHA BEACH GROUND BEACH ROAD, ALAPPUZHA, PIN - 688012
WP(C) NO. 882 OF 2024 2 5 SUDHEER KOYA AGED 50 YEARS PUBLIC RELATIONS MANAGER,DQF AGENCY, MARINE WORLD ALAPPUZHA BEACH GROUND, BEACH ROAD, APALLUZHA, PIN - 688012 6 BIJU ABRAHAM AGED 50 YEARS WORKS MANAGER,DQF AGENCY, MARINE WORLD ALAPPUZHA BEACH GROUND, BEACH ROAD, ALAPPUZHA, PIN - 688012 BY ADV K.N.MUHAMMED THANVEER SRI. A S DHEERAJ, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 882 OF 2024 3 J U D G M E N T The petitioner states that the petitioner is engaged in the conduct of exhibitions. Her new project goes by the name “Ecstasy: The Paradise of the Third World Wonders in Live’. The 3rd respondent is the proprietor of DQF Live. He is also conducting similar exhibitions. Both, the petitioner and the 3rd respondent are conducting exhibitions at Alappuzha Beach.
The petitioner states that the party respondents are obstructing her business. In the said circumstances, she is stated to have approached the police seeking intervention. Complaining of inaction, the petitioner is before this Court.
2.
When this writ petition was taken up on 24.01.2024, it was pointed out to this Court that the license issued to the party respondent expired on 28.01.2024. It is further stated that they have left the area and, therefore, there is no need for the petitioner to entertain any apprehension.
3.
In view of the fact that the exhibition being conducted by the rival party has come to an end, the petitioner cannot have any subsisting grievance.
4.
Be that as it may, if any obstruction is caused by any person
WP(C) NO. 882 OF 2024 4 to the running of the exhibition conducted on the strength of licenses granted to the petitioner, she may approach the Station House Officer concerned, who shall consider the complaint and take appropriate action.
The writ petition is disposed of.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE DCS
WP(C) NO. 882 OF 2024 5 APPENDIX OF WP(C) 882/2024 PETITIONER EXHIBITS Exhibit P-1 THE NOTICE OF THE PETITIONER'S EXHIBITION FUNCTIONING AT ALAPPUZHA BEACH Exhibit P-2 TRUE COPY OF THE LAND RENT AGREEMENT EXECUTED BETWEEN PETITIONER AND PORT OFFICERS DATED 23-11-2023 Exhibit P-3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE ALAPPUZHA MUNICIPALITY TO THE PETITIONER DATED 14-12-2023.
Exhibit P-4 TRUE COPIES OF THE CERTIFICATES ISSUED BY THE FIRE & RESCUE DEPARTMENT TO THE PETITIONER.
Exhibit P-5 TRUE COPIES OF THE CERTIFICATES ISSUED FROM THE OFFICE OF ELECTRICAL INSPECTOR DATED 14-12-2023.
Exhibit P-6 TRUE COPY OF THE INSURANCE POLICY TAKEN BY THE PETITIONER DATED 12-12-2023 Exhibit P-7 TRUE COPY OF THE GST REGISTRATION IN FAVOUR OF THE PETITIONER DATED 27-2-2023 Exhibit P-8 TRUE COPY OF THE PPR LICENSE ISSUED BY THE ALAPPUZHA MUNICIPALITY DATED 21-12-2023 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN WP[C] 44320/2023 DATED 29-12-2023 Exhibit P-10 PHOTOGRAPH TAKEN FROM THE CCTV FOOTAGE OF THE PETITIONER Exhibit P-11 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30-12-2023 Exhibit P-12 PHOTOGRAPHS TAKEN FROM THE CCTV FOOTAGE OF THE PETITIONER
WP(C) NO. 882 OF 2024 6 Exhibit P-13 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND ITS RECEIPT DATED 31-12-2023.
RESPONDENT EXHIBITS EXHIBIT R3(a) True copy of the Sanction Letter No.
A6-5533/2023 dtd. 16.11.2023 issued by the Kerala Maritime Board in favour of this 3rd respondent EXHIBIT R3(b) True copy of the PPR License No. H2/28583/23 dtd. 21.12.2023 issued by the Health Officer, Alappuzha Municipality in favour of this 3rd Respondent EXHIBIT R3(c) True copy of FIR bearing No. 1630/2023 dated 30.12.2023 on the files of Alappuzha South Police Station EXHIBIT R3(d) True copy of FIR bearing No. 1634/2023 dated 31.12.2023 on the files of Alappuzha South Police Station EXHIBIT R3(e) True copy of FIR bearing No. 1636/2023 dated 31.12.2023 on the files of Alappuzha South Police Station