IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33195 of 2011(Y) -------------------------- PETITIONER(S): --------------- BINEESH,AGED 27 YEARS,S/O.PRABHAKARAN, RESIDING AT KEENTHANANIKAL HOUSE,DYMOCK.P.O, VANDIPERIYAR,IDUKKI DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. DISTRICT POLICE CHIEF,IDUKKI OFFICE OF THE DISTRICT POLICE CHIEF,PAINAVU.P.O,PAINAVU.P.O, IDUKKI DISTRICT,PIN-685603. 3. THE CIRCLE INSPECTOR OF POLICE,KUMALI, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KUMALI.P.O,IDUKKI DISTRICT,PIN-685509. 4. THE SUB INSPECTOR OF POLICE,KUMALI, KUMALI POLICE STATION,IDUKKI DISTRICT, PIN-685509. 5. JOMON MURIYANKAVIL,MURIYANKAVIL HOUSE, VELLANANKUNNU.P.O,KUMALI,IDUKKI DISTRICT, PRESIDENT AUTORICKSHAW DRIVERS UNION,VELLARAMKUNNU IDUKKI DISTRICT,PIN-685509. 6. AKHIL PARANTHOTTU,PARANTHOTTU HOUSE, VELLARAMKUNNU.P.O,KUMALI,IDUKKI DISTRICT, PIN-685509. 7. JOBIN KAVUMKL,KAVUMKAL HOUSE, VELLARAMKUNNU.P.O,KUMALI,IDUKKI DISTRICT, PIN-685509. 8. THE KUMALI GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,KUMALI.P.O,IDUKKI DISTRICT, PIN-685509. BY GOVT. PLEADER SRI.M.K.ABOOBACKER ADV. SRI.JOICE GEORGE,SC,KUMILY G.PANCHAYATH FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33195 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE DRIVING LICENCE NO.37/1656/2011 DATED 04.11.2011 ISSUED BY THE ASST.LICENCING AUTHORITY, VANDIPERIYAR. EXT.P2: TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO.KL-37/6957 ISSUED BY THE ASST.REGISTERING AUTHORITY, VANDIPERIYAR. EXT.P3: TRUE COPY OF THE PERMIT NO.P.CO 37/1832/2011 DATED 27.09.2011 ISSUED BY THE REGISTERING AUTHORITY,VANDIPERIYAR. EXT.P4: TRUE COPY OF THE COMPLAINAT DATED 01.12.2011 SUBMITTED BY THE PETITONER BEFORE THE 4TH RESPONDENT SUB INSPECTOR OF POLICE. EXT.P5: TRUE COPY OF THE RECEIPT DATED 01.12.2011 INDICATING THE ACCEPTANCE OF EXT.P4 BY THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.33195 of 2011 -------------------------------------------------- Dated this the 16th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner, who claims to be an unemployed youth desirous of engaging himself as an Autorickshaw driver complains that he has not been permitted by respondents 5 to 7 to park his authorickshaw at Vellaramkunnu, where many other autorickshaws are being parked. At Vellaramkunnu there is a parking point authorised by the Kumali Panchayat. Eventhough notice were served on respondents 5 to 7 by special messenger they have not come forward to resist this writ petition. The allegations against those respondents stands established by non-traverse. On behalf of the Panchayat, the learned counsel submitted that, they have no objection for petitioner parking his autorickshaw at Vellaramkunnu. Under the above circumstances, we allow this writ petition and direct the 4th respondent to render requisite protection to the petitioner for parking his authorickshaw at Vellaramkunnu and for plying the same within the area of Kumali Panchayat, if the same is obstructed by respondents 5 to 7. PIUS C. KURIAKOSE JUDGE K.HARILAL ab JUDGE