IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR. J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 32542 of 2008(Y) ----------------------------------- PETITIONERS: --------------------- 1. LAIJU, S/O. THANKAPPAN, AGED 34, PARAVATHARA,KALATHIPARAMBU HOUSE, PARAVOOR TALUK. 2. SALI, S/O. REGHU, AGED 45, NELLIPILLI PARAMBIL HOUSE, KIZHAKKEPPRAM, PARAVUR TALUK. BY ADVOCATES.MR.A.X.VARGHESE MR.A.V.JOJO RESPONDENTS: ----------------------- 1. DIRECTOR GENERAL OF POLICE , THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, RURAL, ALUVA. 3. CIRCLE INSPECTOR OF POLICE, PARAVUR. 4. THARAKESWARAN S, ANANDA BHAVAN, PERUMPADANNA, N. PARAVUR, 5. MURALI V.M,KALLARACKAL VEEDU, VALIYAPARAMBIL, PARAVATHARA N.PARAVUR. 6. SHAJI KUMAR K.S., KALATHIPARAMBIL HOUSE, PONNEDATH, KIZHAKKEPRAM, N. PARAVUR. BY GOVERNMENT PLEADER MR. BENJAMIN PAUL ADVOCATES FOR R4 TO 6 MR.K.S.RAJESH, MR.SHAJU PURUSHOTHAMAN, MR. M.O.PAULSON & MR.MOHIYUDHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32542 of 2008(Y) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 17/7/08. EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 23/7/08. EXT.P3 - TRUE COPY OF THE COMPLAINT DATED 17/7/08. EXT.P4 - TRUE COPY OF THE COMPLAINT DATED 23/7/08. // TRUE COPY // PS TO JUDGE rhs J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.P.(C) No.32542 of 2008 - Y ---------------------------------------- Dated this the 2nd day of February, 2009 Judgment Koshy, Ag.C.J. First petitioner is the owner of car bearing registration No.KL7/AS 1020 and second petitioner is the owner of another car bearing registration No.KL7/AA 583. The above vehicles are used as tourist taxis and they are parking the vehicles in front of the old Transport Bus Stand, Paravur for number of years. Petitioners engaged drivers to drive the vehicles. Then unions headed by respondent Nos.4 and 5 objected their parking of vehicles. If parking space is provided, it cannot be marked for a union. It is for the public and membership of the union is not a ground for denying parking of a motor vehicle in a particular space. Of course, statutory authorities can regulate the parking by restricting the number of vehicles. Then also, fixing standards of parking, members of unions cannot stand against for making any regulations and unions cannot also loot public and extort money or compel any person to join their union. It is for the drivers on their own volition to join the union and membership of the union is not compulsory for driving taxi car or autorickshaw. In the above circumstances, in the absence of prohibition from the statutory W.P.(C) No.32542/2008 2 authorities, petitioners should be allowed to operate near the old KSRTC Bus Stand, Paravur and second respondent is directed to see that sufficient police protection is given to the petitioners to run their taxi cars and because of filing of this writ petition, they are not attacked in any way. The writ petition is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa