IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 18605 of 2011(A) -------------------------- PETITIONER(S): ---------------- SAJI MATHEW, S/O.MATHEW, AGED 37 YEARS, VATTAKKUZHIYIL HOUSE, ARATTUTHARA P.O., MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, WAYANAD DISTRICT-670 645. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KALPETTA, WAYANAD DISTRICT-673 121. 3. M.P.SATHEESAN, S/O.PARAMESWARAN MUTHASSAN KATTIL, ARATTUTHARA P.O., MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645. 4. K.M.JOHNY, S/O.MANI, KANIYAMPARAMBIL HOUSE, VEMOM P.O., ONDAYANGADY, MANANTHAVADY, WAYANAD DISTRICT, PIN-670 645. GOVT. PLEADER SMT. C.M. CHARISMA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1 TRUE COPY OF THE DRIVING LICENCE BEARING NUMBER 12/2624/201 WITH RENEWAL DATE OF 21-02-2024 EXT.P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 18-4-2011. EXT.P3 TRUE COPY OF THE PERMIT DATED 18-5-2011 EXT.P4 TRUE COPY OF THE AUTHORISATION TOURIST PERMIT DATED 18-5-2011 EXT.P5 TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 1ST RESPONDENT DATED 30-6-2011 EXT.P6 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 30-06-2011. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 18605 of 2011 ----------------------------------------------- Dated this the 1st day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition is filed by a taxi driver complaining that he is not being permitted by respondents 3 and 4, the leaders of local taxi drivers to park his tourist taxi in the stand provided by the Panchayat near the Century Hotel. On considering this writ petition for admission we directed the learned Govt. Pleader to seek instructions from the first respondent as to the correctness of the petitioner's complaint. On getting instructions from the first respondent Sub Inspector Smt. Charisma, learned Govt. Pleader submitted before us today that amongst the taxi drivers of Mananthavady there is an unofficial understanding that only vehicles owned by the persons who belong to Mananthavady will be allowed to park their vehicles in this particular stand and for that matter in the area of the Panchayat. Though WP(C).18605/11 -2- the petitioner belongs to Mananthavady, his vehicle belongs to somebody from outside Mananthavady. Smt. Charisma submitted further that the Panchayat is not made a party to this writ petition and hence it is not possible to find out whether the Panchayat has issued any regulations in the matter of parking of taxies within its area. She also submitted that at any rate, it has to be ensured that due to the unauthorised parking of taxi cars there is no traffic congestion in the town. Mr. S.Krishna Prasad, counsel for the petitioner submitted that there is no objection from the side of the Panchayat in parking of the petitioner's vehicle. It is only respondents 3 and 4 who are leaders of the local taxi drivers who are objecting. 2) Having considered the submissions addressed at the Bar we notice that though party respondents have been served with notice they have not come forward before this court to resist the prayers in the writ petition. We are WP(C).18605/11 -3- therefore of the view that relief can be given to the petitioner ensuring that there is no traffic congestion on account of the parking too many taxies near to the Century Hotel. Accordingly, it is ordered as follows: In case the petitioner is obstructed by respondents 3 and 4 or persons acting under them in the matter of parking and plying his vehicle bearing registration No. KL 12-1976 respondents 1 and 2 will provide sufficient police protection to the petitioner's life and to the vehicle. However, it should be ensured by those respondents that too many vehicles are not parked at the same parking stand within the area of Mananthavady Panchayat in such a manner as to cause traffic congestion on the roads. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-