IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 14889 of 2010(I) ---------------------------------------- PETITIONER(S): ------------------------- C.K.RAJEEVAN,S/O.PEETHAMBHARAN, CHERUTHOTTUNKARA, KATTIKULAM P.O., WAYAND DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------------------- 1. THE SUB INSEPCTOR OF POLICE, MANANTHAVADI 2. THE DEPUTY SUPERINTENDENT OF POLICE, MANANTHAVADI. 3. THE SUPERINTENDENT OF POLICE, WAYANAND. 4. THE STATE OF KERALA (REPRESENTED BY ITS CHIEF SECRETARY) SECRETARIAT, THIRUVANANTHAPURAM. 5. RAZAK ALIAS KAPPACHERI, DRIVER OF VEHICLE KL-12D 9173,TOURIST TAXI STAND, MANANTHAVADY POST, MANANTHAVADY. 6. BABU ALIAS PANDIAN, DRIVER OF VEHICLE KL 12 B 1646, TOURIST TAXI STAND, MANANTHAVADY POST, MANANTHAVADY. 7. RADHAKRISHNAN, DRIVER, THYKATTIL TRAVELS, MANANTHAVADY. 8. VINOD ALIAS VALLI, DRIVER, TOURIST VEHICLE KL 12 C 7779,TOURIST TAXI STAND, MANANTHAVADY POST, MANANTHAVADY. Kss ..2/- ..2... WPC.NO.14889/2010 I 9. JOSE ALIAS PAUNI, DRIVER, KL 12 D 7279 TOURIST TAXI STAND, MANANTHAVADY POST, MANANTHAVADY. *ADDL.R10 & R11 IMPLEADED: R10. MANANTHAVADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANANTHAVADY. R11. VARKEY MASTER, PRESIDENT, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY PO. (*ADDL.R10 & R11 ARE IMPLEADED AS PER ORDER DTD. 11/01/2011 IN I.A.NO.6888/10) R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R5 TO R9 BY ADV. SMT.CELINE JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14889/2010 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LEASE DEED DTD. 1/10/09. P2: COPY OF THE RECEIPT FOR REMITTING TAX DTD. 6/05/2010. P3: COPY OF THE NOTICE OF INVITATION. P4: COPY OF THE FIR AS CR.NO.293/2010 DTD. 26/04/2010. P5: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DTD. 24/04/2010. RESPONDENT'S EXHIBITS: R5(A): COPY OF THE DIRECTIONS ISSUED BY THE PANCHAYAT DTD.20/05/2010. R5(B): COPY OF THE DISCUSSIONS AND DECISIONS BY VARIOUS TRADE UNIONS. /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14889 of 2010-I ***************************** Dated this the 11th 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 of India to respondents 1 to 3 to afford police protection for the petitioner against illegal, contumactious and culpable act of respondents 5 to 9. 2. The petitioner claims to be a tourist vehicle's operator. He is duly licenced to operate his vehicle. According to the petitioner, respondents 5 to 9 are raising illegal obstruction. The police is guilty of inaction and are not providing any support and protection for the petitioner. In these circumstances, it is prayed that appropriate directions may be issued to respondents 1 to 3. 3. The learned Government Pleader has entered appearance for respondents 1 to 4. Respondents 5 to 9 have also entered appearance through counsel. Additional respondents 10 and 11, though served, have not chosen to enter appearance. We have heard counsel. W.P(C) No.14889 of 2010-I 4. It is brought to our notice that on 24.05.2010, the Bench which dealt with the matter had passed the following interim order. “There will be an interim order directing respondents 1 to 3 to provide adequate protection to the life of the petitioner, his staff and customers by restraining respondents 5 to 9, from interfering with the petitioner's business, for a period of ten days.” 5. That interim order was extended from time to time. The same was modified by the order dated 11.06.2010, which we extract below: “Interim order will continue for two weeks subject to the condition that the petitioner will not use private vehicles as taxi in violation of law.” 6. The learned counsel for the petitioner submits that this petition may now be allowed making absolute the interim orders dated 24.05.2010 and 11.06.2010. The learned Government Pleader agrees to that course. We find no valid objection raised by respondents 5 to 9. We are satisfied that the said request can be accepted. 7. In the result: a) This Writ Petition is allowed; W.P(C) No.14889 of 2010-I b) The interim order dated 24.05.2010, as modified by order dated 11.06.2010, which have been extracted above, is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/