IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 9665 of 2011(G) ------------------------- PETITIONER(S): ------------------------ SWETHANTHRA AUTORIKSHAW THOZHILALI UNION (HMS), KANNUR DISTRICT COMMITTEE, E.P.SMARAKA MANDIRAM, YOGASALA ROAD, KANNUR-670 001, REPRESENTED BY ITS WORKING PRESIDENT ADV.KASTHURI DEVAN. BY ADVS. SRI.THAMPAN THOMAS SRI.B.V.JOY SANKER RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REP. BY THE PRINCIPLE SECRETARY, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, KANNUR, PIN-670 003. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KANNUR, PIN-670 003. 4. THE CIRCLE INSPECTOR OF POLICE, KANNUR, PIN-670 003. 5. THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR, PIN-670 003. 6. SRI.P.P.MANOJ, S/O.RAGHAVAN MASTER, RESIDING AT LOCAL POLICE QUARTERS, KANNUR, PIN-670 003. BY GOVERNMENT PLEADER, MR.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9665 of 2011(G) ---------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE ARREST MEMO DT. 2.2.2011. EXT.P2. COPY OF THE FIR AND REMAND REPORT DT. 2.2.2011 ALONG WITH THE NEW ARREST MEMO EXT.P3. COPY OF THE PETITION ALONG WITH ITS RECEIPT DT 16.2.2011. EXT.P4. COPY OF THE PEITION TO REGIONAL TRANSPORT OFFICER DT. 14.02.2011. EXT.P5. COPY OF THE PETITION DT. 8.3.2011. RESPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 9665 of 2011 --------------------------------- Dated this the 28th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. Petitioner, Swethanthra Autorikshaw Thozhilali Union affiliated to HMS has filed this writ petition complaining of harassment by some of the officers of the police who are respondents in the writ petition. On instructions from the concerned officers Sri.T.K.Vipin Das, learned Government Pleader submitted that the officers have not harassed any member of the petitioner's union. In fact one Lakshmanan, a member of the petitioner union approached the Regional Transport Officer requesting for a duplicate driving licence complaining that the 5th respondent sub Inspector has seized his driving licence. As a routine formality the RTO referred the matter to the 5th respondent for verification. The 5th respondent was surprised in the allegation which had been levelled against the 5th respondent. The 5th respondent informed the RTO that the allegation that Lakshmanan's driving licence was seized by him WP(C) .9665/2011 2 was unfounded. It was also informed that the Sub Inspector has no objection in a duplicate driving licence being issued to Lakshmanan for any other reason. We record all the submissions of the learned Government Pleader. Counsel for the petitioner sought time to produce materials. We are not inclined to grant time. We record further submission addressed before us by the learned Government Pleader that the attendance of any member of the petitioner's union is not required by any officer of the police arrayed as respondents. We dismiss the writ petition. We do not find any warrant for interference in connection with the issue which is the subject matter of this judgment. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .9665/2011 3