IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 19112 of 2010(L) -------------------------------------------- PETITIONER(S): -------------------- UMESH K.P.S/O.SHRI,DAMODARAN K.P. AGED 24 YEARS, RESIDING AT KUZHIMPURATH HOUSE, POYIL THAZHAM, PAYAMBRA P.O.KOZHIKODE. PIN - 673571. BY ADV. SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNEMT, DEPARTMENT OF HOME GOVERNMENT OF KERALA,SECRETARIAT, TRIVANDRUM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. COMMISSIONR OF POLICE (CITY) CALICUT - 673001. 4. THE SUB-INSPECTOR OF POLICE, KUNNAMANGALAM, CALICUT DISTRICT PIN-673571. 5. GANGADHARAN, S/O.SHRI.KANARAKKUTTY NAIR, AGED 43 YEARS, KUDATHALUMMAL, PADANILAM P.O. KOZHIKKODE PIN-673571. 6. SIDDHIQE,CHERUKKATTU VEEDU, KUNNAMANGALAM P.O., KOZHIKODE PIN-673571. WP(C).NO.19112 OF 2010 L 7. ASOKAN, KALLARACOLONY VEEDU, KUNNAMANGALAM P.O., KOZHIKKODE PIN-673571. 8. PAVITHRAN, MUPPRAKKUNNUMMAL VEEDU, KUNNAMANGALM P.O., KOZHIKODE PIN 673571. ADDL.9: KUNNAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KUNNAMANGALAM, CALICUT. (ADDL.R9 IS IMPLEADED AS PER ORDER DATED 23.9.2010 IN I.A.NO. 10374 OF 2010). R1 TO R4 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.P.V.KUNHIKRISHNAN FOR R5TO8 SRI.E.NARAYANAN FOR R-9 SRI.K.MURALEEDHARAN FOR R-9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.19112 OF 2010 L PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 6/4/2009 ISSUED BY REGIONAL TRANSPORT OFFICER, KODUVALLY. EXT.P2 TRUE COPY OF THE RECEIPT DATED 11.06.2010 ISSUED BY THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM. EXT.P3 TRUE COPY OF THE PETITION DATED 11.06.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH RECEIPT ISSUED BY THE COMMISSIONER OF POLICE (CITY). RESPONDENTS' EXHIBITS: EXT.R5(A) COPY OF THE PERMIT BADGE ISSUED BY THE KUNNAMANGALAM GRAMA PANCHAYAT. EXT.R5(B) A COPY OF THE IDENTITY CARD ISSUED TO INDRESH. EXT.R5(C) COPY OF THE LIST OF AUTORICKSHAWS RUNNING IN KUNNAMANGALAM GRAMA PANCHAYAT PREPARED BY THE GRAMA PANCHAYAT. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & M.C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 19112 OF 2010 L ------------------------------------------ Dated this the 23rd September, 2010. JUDGMENT K.M. Joseph, J. Prayer in the Writ Petition is as follows: “Issue a writ of mandamus or other appropriate order or direction commanding respondents 2 to 4 to provide adequate police protection to the petitioner's life and to ply the three wheeler auto vehicle bearing Registration No.KL.57 A.9271 by parking the same at Kunnamangalam, Calicut District, in compliance with Ext.P1 permit conditions.” 2. Briefly put, the case of the petitioner is as follows: There is a Permit issued in favour of the owner of the Autorickshaw. Petitioner is the driver. As per Ext.P1 Permit, the vehicle is allowed to ply all over the Kozhikode District with parking place at Kunnamangalam and the petitioner is not legally WP(C).NO.19112/2010 L 2 entitled to park the vehicle in any other place. It is stated that the petitioner had taken the vehicle to the parking place at Kunnamangalam. But, he was obstructed by the party respondents. Due to their constant threat, the petitioner moved the police authorities and eliciting no response, he is before us. 3. A Counter Affidavit is filed by the party respondents. They would say as follows: The Grama Panchayat, the Sub Inspector of Police, Kunnamangalam and the Co-ordination Committee of CITU, INTUC, BMS and STU decided to take the total number of autorickshaws running in Kunnamangalam Grama Panchayat and to issue permit badge to each of the auto drivers. The reason for issuing such permit is to identify the auto drivers by the Police Authorities and the Panchayat. Kunnamangalam is an area where maximum number of excise cases is registered in which illicit arrack transportation is involved. In such circumstances, to identify the auto rickshaws, permit badge is issued to them after WP(C).NO.19112/2010 L 3 taking the number of autorickshaws. A halting place is also fixed for the autorickshaws. Ext.R5(a) is the copy of the permit badge issued to one of the autorickshaws. In addition to Ext.R5(a), an identity card is also issued to all the auto drivers. The RC owner of the petitioner's vehicle is one Indresh. It is also stated that the said owner is having five vehicles as shown in Ext.R5(c) list. 4. Petitioner has subsequently impleaded the Panchayat. We heard the learned counsel for the petitioner, the party respondents and also the learned counsel appearing for the Panchayat besides the learned Government Pleader. 5. Admittedly, the owner of the vehicle has been issued with a Permit. As per the same, the petitioner is entitled to park the autorickshaw at Kunnamangalam. We asked the learned counsel for the Panchayat as to whether there was any compulsion to take out the Badge. He submitted that there is no compulsion. Learned Government Pleader also submits that there can be no compulsion to take out the Badge. In such circumstances, we dispose of the WP(C).NO.19112/2010 L 4 Writ Petition by making the interim order absolute and we further hold that it will hold good only as long as the petitioner is using the vehicle as driver in the vehicle in question. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge