IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 22645 of 2010(E) -------------------------- PETITIONERS: --------------- 1. GEORGE THOMAS,ST.THOMAS TRAVELS, KODIMATHA.P.O,KOTTAYAM. 2. JOSE THOMAS,MIDLAND MOTORS, KODIMATHA.P.O,KOTTAYAM. 3. SAJEESH BABU,CHANDRA BHAVAN, ARUVIKUZHY.P.O,KOTTAYAM. BY ADV. SRI.P.DEEPAK RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE,IDUKKI. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA. 3. THE STUDENTS FEDERATION OF INDIA(SFI), C.P.I.(M)AREA COMMITTEE OFFICE,KATTAPPANA. 4. THE KERALA STUDENTS UNION(KSU), KSU OFFICE T.B. JUNCTION, KATTAPPANA. CORRECTED THE KERALA STUDENTS UNION(KSU) REPRESENTED BY ITS DISTRICT PRESIDENT SRI.MUKESH MOHAN, DISTRICT CONGRESS COMMITTEE OFFICE, IDUKKI P.O. IDUKKI NAME AND ADDRESS OF R4 IS CORRECTD AS ABOVE AS PER ORDER DATED 22/7/10 IN IA 1015/10. ADDL.R5. THE OGVERNMENT OF KERALA REPRESENTD BY ITS SECRETARY, MINISTRY OF TRANSPORT, SECRETARIAT THIRUVANANTHAPURAM. ADDL.R6. THE DISTRICT COLLECTOR, IDUKKI. ADDL.R7. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRCTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. ADDL.R5 TO 7 ARE IMPLEADED AS PER ORDER DATED 26/7/2010 IN I.A. NO. 10343/2010. ADV. SRI.GRASHIOUS KURIAKOSE FOR R3 BENCHAMIN PAUL FOR ADDL R7 SHRI P.BENJAMIN PAUL,SC, KSRTC FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONR'S EXTS: EXT.P1: TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE 1ST PETITIONER. EXT.P2: TRUE COPY OF THE -DO ISSUE TO THE 2ND PETITIONER. EXT.P3: -DO -DO- TO THE 3RD PETITIONER EXT.P4: --DO OF THE ORDER OF RTA, IDUKKI DATED 25/11/2008. EXT.P5: TRUE COCPY FO THE ORDER FO STAT IN MVARP NO. 78/2009. EXT.P6: TRUE COPY OF TH COMMON JUDGMENT DATED 7/10/2009 IN WPC 14744 OF 2009 AND CONNECTED CASES. EXT.P7 TRUE COPY OF THE ORDER OF RTA IDUKKI DATED 5/3/10 IN ITEM NO. 25. EXT.P7(a) TRUE COPY OF ORDER OF RTA IDUKKI DATED 5/3/2010 IN ITEM NO.18. EXT.P7(B) TRUE COPY OF THE ORDER OF RTA, IDUKKI DATED 5/3/2010 IN ITEM NO. 24. EXT.P8 T RUE COPY OF THE NOTIFICATION UNDER SECTION 67 OF M.V.ACT 1988. EXT.P9: TRUE COPY OF THE REPRESENATION SUBMITTED BY the 3RD PETITIONER TO 1ST RSPONDENT DATED 17/7/2010. EXT.P9(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BY TH 3RD PETITIONER TO 2ND RESPONDENT. EXT.P10. TRUE COPY OF THE REPRSENTATION SUBMITTED BY THE 2ND PETITIONER TO 1ST RESPONDENT DATED 17/7/2010. EXT.P10(A): TRUE COPY FO THE REPRESENTATION SUBMITTED BY THE 2ND PETITIOR TO 2ND RESPONDENT. EXT.P11: TRUE COPY OF THE REPRESENTATION SUBMITTD BY THE 1ST PETITIONER TO 1S T RESPONDENT DATED 17/7/2010. EXT.P11(A) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITONR TO 2ND RESPONODENT. ks. TRUE COPY P.S.TO JUDGE K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 22645 OF 2010 ============================ Dated this the 24th day of September 2010 JUDGMENT K.M. Joseph, J. The prayer in the writ petition is as follows: “Issue a writ in the nature of mandamus or such other writ, order or direction commanding respondents 1 and 2 herein to afford immediate, adequate and timely protection for the conduct of stage carriage services by the petitioners on the strength of Exts.P1, P2 & P3 permits issued to them against any let, obstruction or hindrance from the side of respondents 3 and 4 herein”. 2. We have already passed an interim order dated 20/7/2010 which has been subsequently extended. As long as facts are as they stand pleaded in the writ petition, we feel that the petitioner may be entitled to the benefit of the order. In such circumstances, we dispose of the writ petition directing W.P.(C)NO. 22645/2010 -2- respondents 1 and 2 to provide protection for the conduct of stage carriage services by the petitioners on the strength of Exts.P1 to P3 against any obstruction or hindrance from the side of respondents 3 and 4 as and when required. Sd/- K.M. JOSEPH, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE