Facts of the Case

The petitioner, Shabab, was conducting a lawful business after obtaining a valid trade licence from the local Grama Panchayat and registration under the Goods and Services Tax (GST) Act. Despite operating the business legally, the petitioner alleged obstruction from private respondents, including headload workers, in carrying out business activities.

To prevent interference and ensure smooth conduct of the business, the petitioner approached the police authorities seeking protection. Since the issue continued, the petitioner filed the writ petition before the Kerala High Court seeking appropriate police protection. During the pendency of the writ petition, the Court had granted interim police protection, which remained effective.

 

Issues Involved

  1. Whether the petitioner was entitled to continued police protection for carrying on a lawful business without obstruction.
  2. Whether police authorities were required to intervene if private respondents or persons claiming through them created further obstruction.
  3. Whether continuation of the interim protection granted by the High Court was justified.

 

Petitioner’s Arguments

  • The petitioner submitted that he was carrying on a lawful business supported by a valid trade licence and GST registration.
  • It was argued that private respondents were unlawfully obstructing the business activities.
  • The petitioner contended that the interim police protection granted by the High Court had effectively safeguarded his business operations.
  • Therefore, the petitioner requested continuation of adequate police protection against any future interference.

 

Respondents’ Arguments

  • The respondents were represented before the Court.
  • The matter was considered in light of the interim order already operating.
  • The police authorities placed relevant materials before the Court regarding the dispute.

 

Court Order / Findings

The Kerala High Court observed that adequate protection had already been provided to the petitioner pursuant to the interim order dated 1 July 2020.

Considering the existing protection, the Court closed the writ petition. However, the Court clarified that if the petitioner faced any further obstruction from the private respondents or any person claiming through them, the petitioner could immediately inform the concerned Station House Officer.

The Court directed that the Station House Officer shall continue to provide adequate police protection whenever required to ensure that the petitioner is able to conduct his lawful business without unlawful interference.

 

Important Clarification

  • Police protection granted by the Court continues to be available if future obstruction occurs.
  • Lawful business activities supported by valid licences and GST registration cannot be obstructed by private individuals.
  • The Station House Officer is duty-bound to provide necessary protection whenever unlawful interference is reported.
  • Closure of the writ petition does not deprive the petitioner of the benefit of police protection in case of subsequent obstruction.

 

Sections / Provisions Involved

  • Article 226 of the Constitution of India
  • Goods and Services Tax (GST) Registration Provisions
  • Kerala Headload Workers Welfare Fund Scheme
  • Police Protection Jurisdiction under Writ Proceedings

Link to download the order -

https://mytaxexpert.co.in/uploads/1782969649_174compressed.pdf

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