IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 28892 of 2010(J) ------------------------------------ PETITIONER(S): --------------------- 1. T.N.S.MOHAN, S/O.T.P.NATESAN, `NARAYANA MANDIR', EAST VILLAGE, KOLLENGODE. 2. M.USHA, W/O.T.N.S.MOHAN, `NARAYANA MANDIR', EAST VILLAGE, KOLLENGODE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN. RESPONDENT(S): ------------------------ 1. THE S.I.OF POLICE, KOLLENGODE POLICE STATION, KOLLENGODE-678 506. 2. THE S.I. OF POLICE, PUDUNAGARAM POLICE STATION, PUDUNAGARAM-678 503. 3. THE S.I. OF POLICE, CHITTUR POLICE STATION, PALAKKAD-678 101. 4. THE S.I. OF POLICE, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA-678 555. 5. THE PALAKKAD DISTRICT MOTOR AND AUTORIKSHAW MAZDOOR SANGHOM, HARIKKARA STREET, PALAKKAD-678 001, REPRESENTED BY ITS GENERAL SECRETARY. 6. THE DISTRICT MOTOR TRANSPORT EMPLOYEES UNION, METTUPALAYAM, PALAKKAD-678 001, REPRESENTED BY ITS 7. MANIKANDAN, S/O.ANGAPPAN, PUDUGRAMAM, KOLLENGODE-678 506. 8. SIVAN (DRIVER), S/O.RAMAN, ANAMARI P.O., KOLLENGODE-678 506. R1 TO R4 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD. R5 TO R8 BY ADV.SRI.RAJESH SIVARAMANKUTTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28892 OF 2010-J PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE DECISION OF THE RTA AT ITS MEETING HELD ON 6.7.2010 IN ITEM NO.52. EXT.P2.TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY, RTA PALAKKAD TO THE IST PETITIONER. EXT.P3.TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS SEEKING POLICE PROTECTION. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.28892 of 2010-J ---------------------------------------------- Dated, this the 5th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioners are husband and wife. They are stage carriage operators. Briefly put, the case of the petitioners is as follows: Complaining of denial of employment on the ground that the Ist petitioner has transferred one of his vehicles to another person agitation started by respondents 5 to 8 and their supporters preventing the petitioner from conducting the stage carriage operation. The workers were threatened that they will be manhandled if the vehicles are operated and that damage also will be caused to the vehicle. Petitioners had to garage from 15.9.2010 onwards. Petitioners filed Ext.P3 representation. A counter affidavit has been filed by respondents 5 to 8. It is submitted that reply affidavit is also filed. 2. We heard the learned counsel for the petitioners, learned counsel for the party respondents and also the learned Government Pleader. Learned counsel for the party respondents denies the allegation of threat or obstruction. He would submit that the party respondents have WPC No.28892/2010 -2- no intention to physically obstruct the operation of the vehicle and that they are peacefully agitating. We record the submission of the learned counsel for the party respondents that they will not physically obstruct the operation of the vehicles. In case there is any obstruction by respondents 5 to 8, respondents 1 to 4 shall provide sufficient police protection to the petitioners to operate their stage carriages in accordance with law. We, however, make it clear that this will be without prejudice to the right of the party respondents to peacefully agitate and also to take up their grievances before the statutory authorities. We also make it clear that the statutory authority will be free to decide the matter in accordance with law. We also make it clear that this judgment should not be construed as a charter to the petitioners to operate the buses with new workers. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS