IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31371 of 2011(V) -------------------------------- PETITIONER(S): ------------------ 1. PRASAD P.A., S/O. ABRAHAM P.A., PALAPPARAMBIL HOUSE, GANDHI NAGAR, KOTTAYAM. 2. GEORGE JOSEPH, PARACKAL HOUSE, GANDHI NAGAR, KOTTAYAM. 3. JAYMON P.J., PARACKAL HOUSE, GANDHI NAGAR, KOTTAYAM. BY ADV. SRI.FEBIN J.VELUKARAN RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE, KOTTAYAM-686 001. 2. THE CIRCLE INSPECTOR, KOTTAYAM, EAST POLICE STATION, KOTTAYAM-686 001. 3. SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE STATION, GANDHI NAGAR P.O., KOTTAYAM-686 008. 4. THE ARPOOKARA GRAMA PANCHAYATH, REP. BY ITS SEC. VILLOONNI POST, ARPOOKARA EAST P.O., KOTTAYAM-686 008. 5. THE REGIONAL TRANSPORT OFFICER, R.T.OFFICE, KOTTAYAM-686 001. WP(C).No. 31371 of 2011(V) -2- 6. TOURIST TAXI DRIVERS UNION (CITU), REPRESENTED BY ITS SECRETARY, GOPAKUMAR, KOTTARATTIL HOUSE, GANDHI NAGAR P.O., KOTTAYAM-686 008. 7. JOSE GEORGE, S/O. VARKEY, MEMBER, TOURIST TAXI DRIVERS UNION (CITU), MANNOOSSERRY HOUSE, MANNANAM P.O., KOTTAYAM-686 561. ADV. SRI.M.V.BOSE FOR R4 SRI.VINOD MADHAVAN SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31371 of 2011(V) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE DRIVING LICENCE ISSUED TO THE 1ST PETITIONER. EXT.P1(a):- TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 1ST PETITIONER. EXT.P1(b):- TRUE COPY OF THE DRIVING LICENCE ISSUED TO THE 2ND PETITIONER. EXT.P1(c):- TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 2ND PETITIONER. EXT.P1(d):- TRUE COPY OF THE DRIVING LICENCE ISSUED TO THE 3RD PETITIONER. EXT.P1(e):- TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 3RD PETITIONER. EXT.P2:- TRUE COPY OF POLICE COMPLAINT DATED 02/11/11 PREFERRED BY THEPETITIONERS IN THIS REGARD AND THE RECEIPT ISSUED THEREIN BY THE 3RD RESPONDENT. EXT.P3:- TRUE COPY OF THE JUDGMENT OF THIS HON. COURT IN WPC NO.34636/08 DATED 16/01/09. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C No.31371 of 2011 ------------------------------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners/Taxi Drivers claim that they are plying their vehicles in and around the Kottayam Medical College. According to them, they have been parking their vehicles in the area just in front of the Medical College. According to them, the Taxi Drivers owing allegiance to respondents 6 and 7 are now creating obstructions. They are not permitting the petitioners to park their vehicles even as their members are paring the vehicles freely. 2. Sri.M.V.Bose appearing for the 4th respondent Arpookara Grama Panchayath submitted that the Panchayath has not established any parking place in front of the Kottayam Medical College. Sri.M.K.Aboobacker, the learned senior Government Pleader on behalf of the police officers submitted that the area where the petitioners want W. P. C No.31371 of 2011 -2- to park their cars is very congested and that is why the police are not in favour of the petitioners who are parking their vehicles. There are two parking places i.e. one is at Gandhinagar Junction and the other is at Kurisupalli junction. The petitioners can park their taxi cars in those junctions. 3. Sri.Febin J. Velukaran, the learned counsel for the petitioners submitted that during the past 10 years the petitioners have been parking their vehicles in front of the Medical College. According to him, the Drivers who owe allegiance to R6 and R7 are raising unnecessary obstructions. He referred to Ext.P3 and submitted that Ext.P3 judgment of this Court is in respect of the very same parking station. 4. Having considered the rival submissions addressed at the Bar, we are of the view that no warrant is made out for issuance of police protection direction sought for. Ext.P3 judgment does not pertain to the so called parking stand in front of Kottayam Medical College. It is in respect of a stand established by the Arpookara Panchayath. The stand taken W. P. C No.31371 of 2011 -3- by the Panchayath in this case is that they have not established any stand in front of the Medical College. As for the submission that during the past 10 years they have been parking and only recently the members of the 6th respondent/Union are obstructing, we are of the view that so long as the Panchayath has not established any parking stand and the police is also raising objection for the reason that area is already congested this Court is not in a position to grant relief. However, we direct the 3rd respondent to take up Ext.P2 to conduct enquiry and explore the possibilities of a settlement of the issue between the petitioners and the members of the 6th respondent Union. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C No.31371 of 2011 -4-