IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17257 of 2009(B) PETITIONERS: 1. C.V.CHACKO, S/O.VARGHESE, CHAMAKKALAYIL HOUSE, PAMPADY P.O., KOTTAYAM DISTRICT. 2. ABY K.VARGHESE, S/O.K.P.VARGHESE, KOCHUVADAKKEKKARA, VELLOOR P.O., PAMPADY KOTTAYAM DISTRICT. BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL SRI.VINU V.GEORGE RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, PAMPADY, KOTTAYAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PAMPADY, KOTTAYAM DISTRICT. 4. TAXI DRIVERSUNION (C.I.T.U) PAMPADY, REPRESENTED BY ITS CONVENER SRI.RAJAN BABU, PADIKKAVAYALIL, 9TH MILE, PAMPADY, KOTTAYAM DISTRICT. 5. TAXI DRIVERSUNION (INTUC), PAMPADY, REPRESENTED BY ITS SECRETARY, SRI.BINU P.JACOB, PADINJAREKKALAYIL MATTAYIL, SOUTH PAMPADY P.O., KOTTAYAM DISTRICT. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 17257/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH RESPECT TO THE FIRST PETITIONER'S VEHICLE BEARING REG. NO. KL05- Z-8134. EXT.P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT PERTAINING TO THE FIRST PETITIONER'S VEHICLE BEARING REG. NO. KL05-Z-8134. EXT.P3 TRUE COPY OF THE DRIVING LICENSE OF THE 2ND PETITIONER. EXT.P4 TRUE COPY OF THE COMPLAINT DATED 15.6.2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT, WITH RESPECT TO EXT.P4 COMPLAINT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 17257 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. First petitioner is the owner of a motor car bearing Registration No. KL05-Z-8134 and the second petitioner is his driver. He has obtained necessary permit as evidenced by Ext.P2 to run the vehicle as a taxi. According to him, he has purchased this vehicle after availing a loan from the Bank and it is his sole livelihood. His grievance is that when he brought the above mentioned vehicle to the taxi stand at Pampady, where he resides, the convener of the 4th respondent Union along with his associates threatened him that unless he takes away the vehicle from that stand the same would be destroyed. Though the petitioner approached the second respondent, nothing was done in the matter. Hence this writ petition is filed praying for a writ of mandamus directing Respondents 1 to 3 to grant adequate police protection to the petitioners against the threat to their life and property from Respondents 4 and 5. WP(C) 17257/2009 :2: 2. We have issued notice to the party respondents and service is complete. None has entered appearance or controverted the averments made in the writ petition by filing any counter. 3. Heard the learned Government Pleader also. It appears that Respondents 4 and 5 are obstructing the petitioner for the reason that only local people are permitted to park their vehicle in the taxi stand and to ply the same. No such right is vested on Respondents 4 and 5. Petitioners being citizens of India are entitled to ply their vehicle anywhere in India and thereby earn their livelihood and nobody including Respondents 4 and 5 have any legal right to obstruct them from earning their livelyhood. In such circumstances, we direct respondents 2 and 3 to give necessary protection to the petitioners to earn their livelihood by plying the taxi without being obstructed by Respondents 4 and 5. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-