IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 36359 of 2010(T) -------------------------- PETITIONERS: --------------- 1. THALASSERY CONTRACT CARRIAGE VAN DRIVERS UNION, NEAR STADIUM CORNER, THALASSERY, KANNUR DISTRICT - 670 101, REPRESENTED BY ITS PRESIDENT, P.C.VIVITH. 2. P.C.JIJOSH, SECRETARY, THALASSERY CONTRACT CARRIAGE VAN DRIVERS UNION, NEAR STADIUM CORNER, THALASSERY, KANNUR DISTRICT - 670 101. BY ADV. MR.V.G.ARUN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KANNUR - 670 001. 2. THE REVENUE DIVISIONAL OFFICER, KANNUR - 670 001. 3. DISTRICT TOURISM PROMOTION COUNCIL REPRESENTED BY ITS SECRETARY, NEAR TALUK OFFICE, KANNUR - 670 001. 4. THALASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, M.G.ROAD, THALASSERY, KANNUR DISTRICT - 670 101. 5. REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, KANNUR - 670 001. GOVERNMENT PLEADER MR.G.GOPAKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36359 of 2010(T) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: CERTIFICATE OF REGISTRATION DTD. 19.4.1996. EXT.P2: RETURN FILED BY THE UNION BEFORE THE REGISTRAR. EXT.P3: PHOTOGRAPHS SHOWING THE PARKING AREA (STAND) OF THE CONTRACT CARRIAGES NEAR THE MUNICIPAL STADIUM. EXT.P4: PERMISSION OBTAINED FOR THE PURPOSE OF USING LOUD SPEAKERS ON 29.9.2006. EXT.P5: REPRESENTATION FILED BEFORE THE CHIEF MINISTER. EXT.P6: NOTICE DTD. 4.12.2010. RESPONDENTS' EXHIBITS: NIL ...... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.36359 Of 2010 ---------------------- Dated this the 25th day of August, 2011. J U D G M E N T The writ petition is filed for the following reliefs: i) To declare that under the Motor Vehicles Rules, respondents 1 to 4 have not been conferred with authority to close down the existing stand for contract carriages near Thalassery Municipal Stadium. ii) To issue a writ of mandamus directing the respondents not to forcibly close down the existing stand for contract carriages near Thalassery Municipal Stadium without issuing prior notice and without affording an opportunity of hearing to the petitioners. 2. The petitioners are office bearers of Contract Carriage Van Drivers Union. The grievance of the petitioner is that the 2nd respondent under the guise of tourism promotion has prepared a beautification plan for Thalassery town and is attempting to summarily evict the petitioners. It is contended that meeting held on 6.12.2010 is only a ruse to force the petitioners to accede to the demand of the authorities to close down the parking place for contract carriages. ::2:: W.P.(C).No.36359 Of 2010 3. The 2nd respondent in paragraph 5 of the counter affidavit stated that on the basis of the request from the operators, a reply has been given from his office informing them to approach the Thalssery Municipal authorities for arranging alternative parking place. It is also stated that a letter has also been issued to the Secretary, Thalassery Municipality to take action for finding a suitable place for the parking of contract carriage vehicles. 4. The matter is under consideration of the Municipality. In the aforesaid circumstances, this Court direct the 4th respondent to finalise the issue after affording an opportunity of being to the petitioners and take a final decision within a period of one month from the date of receipt of a copy of this judgment. The interim order of status quo passed by this Court on 23.12.2010 shall continue till the matter is finally decided by the 4th respondent. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-