IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 8872 of 2010(H) -------------------------------- PETITIONER(S): ------------------- BABURAJAN @ BABURAJ, AGED 34 YEARS S/O.NARAYANA PILLAI, THEVARAPARAMBIL HOUSE AYURVEDAPADI,THIRD CAMP, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP BY SECRETARY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, NADUMKANDAM IDUKKI DISTRICT PIN 685553. 3. SUB INSPECTOR OF POLICE, NADUMKANDAM IDUKKI DISTRICT PIN 685553. 4. MONIE, SECRETARY, LOCAL COMMITTEE CITU AYURVEDAPADI, THIRD CAMP, IDUKKI DISTRICT. 5. BAIJU, BLOCK NO.1063 SECRETARY, CITU BRANCH COMMITTEE AYURVEDAPADI, THIRD CAMP, IDUKKI DISTRICT. 6. RAJESH, MANNADIYIL HOUSE, MEMBER, CITU, AUTO DRIVERS UNIONAYURVEDAPADI, THIRD CAMP, IDUKKI DISTRICT. 7. BALAKRISHNAN, S/O.KRISHNANKUTTY VAYALIL HOUSE, MEMBER, CITU AUTO DRIVERS UNION AYURVEDAPADI, THIRD CAMP, IDUKKI DISTRICT. 8. ULLAS, PUTHANKULAM MEMBER,CITU AUTO DRIVERS UNION AYURVEDAPADI, THIRD CAMP, IDUKKI DISTRICT. R1 TO R3 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 8872/2010(H) APPENDIX PETIOTIONER'S EXHIBITS: P1: COPY OF THE DISCHARGE SUMMARY ISSUED BY THE DEPARTMENT OF NEURO SURGERY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM DATED 22/11/2009. P2: COPY OF THE RELEVANT PAGES OF THE R.C. BOOK ISSUED FROM THE REGIONAL TRANSPORT OFFICE, IDUKKI. P3: COPY OF THE RESIDENT CERTIFICATE ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KARUNAPURAM VILLAGE DATED 01.03.2010. P4: COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE REGIONAL TRANSPORT OFFICE, VANDIPERIYAR TO THE PETITIONER. P5: COPY OF THE OUT-PATIENT BOOK STANDS IN THE NAME OF THE PETITIONER'S FATHER IN RESPECT OF THE TREATMENT. P6: COPY OF THE COMPLAINT DATED 07/03/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P6(a):COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 11/03/2010. P7: COPY OF THE COMPLAINT DATED 14/03/2010SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P7(a):COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 14/03/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.8872 of 2010-H ***************************** Dated this the 9th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to respondents 2 and 3 to afford police protection to the petitioner to ply his autorickshaw as per a valid permit issued to him against obstructions raised by respondents 4 to 8. 2. According to the petitioner, he was a temporary driver in Government service. He had to undergo a surgery. Thereafter he was not employed in the Government. He obtained a permit. He wants to ply his vehicle (auto rickshaw) complying with all the rules and regulations in accordance with the permit. But respondents 4 to 8, who are trade union functionaries of autorickshaw drivers, are raising unlawful obstruction and objection to the plying of the petitioner's vehicle. It is, in these circumstances, that the petitioner has come to this Court seeking issue of directions. 3. When this petition came up for hearing on 19.03.2010, the Bench passed the following interim order. W.P(C) No.8872 of 2010-H “There will be an interim order directing respondents 2 and 3 to provide adequate and effective protection to the petitioner and his autorickshaw bearing registration No.KL-37/9030 to ply the same in Ayurvedapadi Third Camp in accordance with Ext.P4 permit without any obstruction from respondents 4 to 8 and their men, for a period one week.” This order was later extended to hold the field until the disposal of the case. The order is in force even now. 4. Respondents 4 to 8 have been served. There is no appearance for the said respondents. We turned to the learned Government Pleader for submissions. The learned Government Pleader submits that the interim order is being enforced. According to respondents 1 to 3 also respondents 4 to 8 have no right to object to the plying of the vehicle by the petitioner in terms of the interim order issued by the Court. 5. The learned counsel for the petitioner, in these circumstances, prays that the interim order dated 19.03.2010 may be made absolute and further proceedings in this petition may be closed. W.P(C) No.8872 of 2010-H 6. We accept the said request. In the total absence of objection from respondents 4 to 8, it is not necessary for us to advert to facts in further detail. 7. In the result: a) This Writ petition is allowed; b) Interim order dated 19.03.2010 extracted above is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/