IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 15112 of 2010(L) -------------------------- PETITIONER(S): --------------- PRASANNAKUMAR.K.K., S/O. KUNJAN, AGED 33 YEARS, BLOCK.NO.477, THOOKKUPLAM, PUTHARIKANDAM, KALLAR.P.O. IDUKKI. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, NEDUMKANDAM. 2. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM. 3. THE SUPERINTENDENT OF POLICE, SP OFFICE, IDUKKI. 4. JOY, SECRETARY, INTUC AUTO DRIVERS UNION, THOOKKUPALAM SNDP JN. KALLAR, IDUKKI. 5. ABDUL KAREEM, SECRETARY, CITU AUTO DRIVERS UNION, THOOKKUPALAM SNDP JN. KALLAR IDUKKI. 6. SHINU, SECRETARY, BMS AUTO DRIVERS UNION THOOKKUPALAM SNDP JN. KALLAR, IDUKKI. Addl.R7. THE JOINT REGIONAL TRANSPORT OFFICER, VANDIPERIYAR (PEERUMEDU), IDUKKI DISTRICT ADDL.R7 IS IMPLEADED VIDE ORDER DATED 20/8/2010 IN I.A.NO.11775/2010. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.15112 OF 2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF REGISTRATION CERTIFICATE AND TAX RECEIPT OF THE AUTORICKSHAW BEARING NO.KL-37 4374. EXT.P2: TRUE COPY OF RECEIPT ISSUED BY THE KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD DATED 2/6/2009. EXT.P3: TRUE COPY OF PERMIT IN RESPECT OF A CONTRACT CARRIAGE ISSUED BY THE RTO OFFICE, VANDIPERIYAR DATED 10/6/2008. EXT.P4: TRUE COPY OF DRIVING LICENCE OF THE PETITIONER DATED 9/4/2010 HAVING NO.6/1372/2010. EXT.P5: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AGAINST THE ILLEGAL ACT OF THE RESPONDENTS 4 TO 6 DATED 18/4/2010. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.15112 of 2010 ---------------------------------------- Dated this the 22nd day of September 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 3 to provide adequate protection to the petitioner and his vehicle bearing No.KL-37 4374 as a contract carriage for taking trip from the auto stand in Thookkupalam; ii) issue a writ of mandamus or other appropriate writ, order or direction to direct the 2nd respondent to take appropriate action on Exhibit P5 complaint; iii) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 4 to 6 to stop the illegal action against the petitioner and allow the petitioner to park and avail trip from the SNDP Jn.Auto stand and nearly places; W.P.C.No.15112 of 2010 2 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is an unemployed person who purchased an autorickshaw for his livelihood by availing finance from a Financier. The petitioner registered the autorickshaw before the RTO, Vandiperiyar, who is already impleaded as the additional 7th respondent. The petitioner is having permit issued by the R.T.O. Respondents 4 to 6 are obstructing the petitioner from parking his vehicle and to get trip from the SNDP Jn. Auto stand, Thookkupalam without any reason. The petitioner has filed Ext.P5 complaint against the illegal act of respondents 4 to 6. 4. We have heard the learned counsel for the petitioner and the learned Government Pleader. Permit produced by the petitioner does not show that the petitioner has a right to park his vehicle at SNDP Jn. Auto stand, Thookkupalam. The learned counsel for the petitioner has subsequently produced Ext.P6 representation to the Joint R.T.O, Vandiperiyar, Idukki District. The learned counsel for the petitioner would submit that a decision may be taken on Ext.P6. The learned Government Pleader also submits that a decision may be taken accordingly. W.P.C.No.15112 of 2010 3 5. We dispose the writ petition by directing the additional 7th respondent to consider and take a decision on Ext.P6, in accordance with law, within a period of one month from the date of production of a copy of the judgment before him. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.15112 of 2010 4 W.P.C.No.15112 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010