IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 14411 of 2008(N) --------------------------------------- PETITIONER: ------------------- D.VIJAYAMMA, W/O. PONNUPILLA, RESIDING AT BABUSADANAM, KODAVILAKATHU, MURIYANKARA DESOM, PARASSALA PAKUTHY. BY ADV. SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SRI.M.AJAY (IRUMPANAM). RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. ARUNKUMAR, SUB INSPECTOR OF POLICE, PARASSALA. BY GOVERNMENT PLEADER SRI. SALIM.P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14411/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 02/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. EXT.P.2: COPY OF THE REPRESENTATION DTD. 23/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE D.G.P. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14411 OF 2008 ----------------------------------------------------- DATED THIS THE 9th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the registered owner of a contract carriage bearing registration No.KL-01-N-7245. She is operating the contract carriage from Parassala, it is submitted. While so, the Parassala police directed the petitioner to produce the vehicle on 30.1.2008. Since the petitioner failed to do that, the vehicle was taken into custody by the 3rd respondent on 31.1.2008, which was parked in the authorised stand. Later, the vehicle was handed over to the Regional Transport Officer, Parassala. Finally, after facing much difficulty, the vehicle was got released by the petitioner. 2. The vehicle has been seized on the allegation that it is being used for running parallel service. The petitioner submits, the allegation is totally unfounded. Feeling aggrieved by the above illegal actions of the 3rd respondent, the petitioner has preferred Exhibits P1 and P2 representations before the superior police officials and thereafter this Writ Petition is filed seeking appropriate reliefs against the alleged harassment from the part of the 3rd respondent. W.P.(C)No.14411/08 -2- 3. As directed by this Court, the 3rd respondent has filed a statement, in which it is submitted that the petitioner's vehicle was found operating parallel service along with the KSRTC service at Parassala. Six other vehicles were also seized. The trade unions of the workmen in the motor transport industry have also complained against the petitioner and her husband. In the above background, the seizure of the vehicle was made. 4. If the petitioner's vehicle is found operating as a stage carriage, the police officials and officials of the transport department are competent to take appropriate action. But, such action should be taken in accordance with law. The submission of the learned Government Pleader that action, if any, against the petitioner will be taken only in accordance with law, is recorded. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn