IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34026 of 2010(C) -------------------------- PETITIONER(S): ----------------------- A.M.BABU, PRESIDENT, GOODS AUTO DRIVERS UNION(INTUC), FORANE CHURCH ROAD, ANGAMALY-683572. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR (CHAIRMAN, R.T.A., ERNAKULAM), CIVIL STATION, KAKKANAD, KOCHI-682030. 2. THE DEPUTY TRANSPORT COMMISSIONER, KAKKANAD, KOCHI-682030. 3. THE JOINT REGIONAL TRANSPORT OFFICER, ALUVA-683101. 4. THE CIRCLE INSPECTOR OF POLICE, ANGAMALY-683572. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J --------------------------- WP(C) NO. 34026 OF 2010 ------------------------------------- Dated this the 19th day of November, 2010 JUDGMENT The petitioner is a Goods Auto driver and he is the president of Goods Auto Drivers Union, Angamaly affiliated to INTUC. The grievance of the petitioner is that the passenger auto rickshaws operating in and around Angamaly Town are carrying goods in their auto rikshaws in violation of the permit conditions and the provisions under the Motor Vehicles Act and the Rules. The petitioner has already preferred representations before the competent authorities namely, respondents 1 to 4 raising the said grievance. However, none of them has taken appropriate steps for curbing the alleged illegal activities. It is in the said circumstances that this writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondents to take appropriate action against the passenger auto rickshaws operating in and around Angamaly carrying goods in their vehicles in violation of Motor Vehicles Act, the Rules and the permit conditions. The averments in the writ petition and Ext.P1 representation WPC.34026/2010 : 2 : would invariably show that the petitioner did not specifically give the details of any autorickshaw that committed such violation as alleged in the writ petition. It is unsafe to rely on Ext.P2 photograph to order action against any autorikshaw. In fact, the nature of the averments and reliefs sought for, would reveal that the petitioner is seeking for a general direction. I do not think that this Court would be justified in issuing any such direction. If a permit holder commits violation of the permit conditions or the provisions of Kerala Motor Vehicles Act and Motor Vehicles Rules, the authorities are under obligation to take appropriate action, in accordance with law. The learned Government Pleader, on instruction, submitted that as and when violation of permit condition or violation of any provision under the Act and the Rules is noticed by the authorities, strict action in accordance with law, would be taken against those persons who commit such violation. The learned Government Pleader further submitted that, as a matter of fact, frequent inspections are being conducted by the respondents 2 and 3, the officials of Police and the Motor Vehicle Department, in the area in question, as well and that appropriate action would be taken to curb such WPC.34026/2010 : 3 : illegal activities. This is recorded and accordingly, this writ petition is closed. Sd/- C.T.RAVIKUMAR JUDGE jma //true copy// P.A to Judge