IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 25103 of 2010(K) --------------------------------------- PETITIONER(S): ----------------------- HUBAIBULLAH.A., 53, MULLUVILA VEEDU, MAIDAN, VARKALA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA RESPONDENT(S): -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, VARKALA, THIRUVANANTHAPURAM-695 141. 2. SAMBASIVAN, S/O.THANKAPPAN, PLAVILA VEEDU, KOTTUMOOLA, VARKALA, THIRUVANANTHAPURAM.695 141 3. RAFI, S/O.ABDUL SALAM, REEMA MANZIL, CHILAKOOR, VARKALA, THIRUVANANTHAPURAM.695 141 (DELEATED) 4. NANDARAJAN, S/O.APPU PILLA, SOMARAJ MANDIRAM, ALLYIRAKAM ROAD, VARKALA, THIRUVANANTHAPURAM.695 141 5. UNNI, S/O.DEVADASAN, CHUMADU THANGI MUKKU, CHILAKOOR, VARKALA, THIRUVANANTHAPURAM.695 141 * ADDL.R6 IMPLEADED * ADDL.R6: VARKKALA MUNCIPALITY, REPRESENTED BY ITS SECRETARY. * IS IMPLEADED AS PER ORDER DATED 13/9/10 IN WPC.25103/2010 R3 IS DELEATED FROM THE PARTY ARRAY AS PER ORDER DATED 22/2/2011 ON I.A.NO.2620/2011. R1 BY GOVERNMENT PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25103/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-16-F/3530. P2 COPY OF THE CONTRACT CARRIAGE PERMIT NO.P.CO16/326/2010 DATED 16/2/2010. P3 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, VARKALA DATED 18/7/2010. P4 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, VARKALA DATED 27/7/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25103 of 2010-K & I.A.2620 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2011. Judgment Thottathil B.Radhakrishnan, J. I.A.2620/2011 Allowed at the risk of the writ petitioner. W.P.(C).No.25103/2010 1.Learned Government Pleader appears for the first respondent. None appears for the private respondents. There is no appearance for the Varkala Municipality either. 2.The learned Government Pleader says that there is no authorized taxi stand in Varkala Maithanam. She submits, on instructions, that the private respondents are taking the stand that there is no WPC25103/10 -: 2 :- space for parking of vehicles in Varkala Maithanam area. The learned Government Pleader states that there is no law and order situation and there is no threat to the life of the petitioner or any threat to his vehicles. We accordingly direct that the petitioner will maintain law and order and if the petitioner has any complaint regarding the parking of vehicles or space for allotment of parking area in an authorized taxi stand, he can take up such complaint before the Municipality or the Motor Vehicle Department, as the case may be. If there is any further dispute in this matter, it will be open to the RDO to consider it, having regard to any law and order situation that may emanate out of such controversy. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2202