IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 30152 of 2011(T) -------------------------------------- PETITIONERS: --------------------- 1. THE ASSOCIATION OF CITY PERMIT AUTO DRIVERS, REGISTRATION NO.ER/258/11, HAVING ITS REGISTERED OFFICE AT VADHYAKULANGARA HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM-18, REPRESENTED BY ITS SECRETARY, MARTIN, VADYAKULANGARA HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM-18. 2. P.F.ANTONY, S/O.FRANCIS, POOTHULLY HOUSE, PALARIVATTOM, ERNAKULAM. 3. ASHOKAN.K.N, S/O.NARAYANAN, KUTTAKAKOM, EDAVATTOM.P.O, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ---------------------- 1. ASSISTANT COMMISSIONER OF POLICE, CITY TRAFFIC, EDAPALLY, ERNAKULAM DISTRICT, PIN-682024. 2. COMMISSIONER OF POLICE, COCHIN CITY, REVENUE TOWERS, ERNAKULAM-682035. 3. VYTTILA MOBILITY HUB SOCIETY, VYTTILA, REPRESENTED BY ITS MANAGING DIRECTOR, ERNAKULAM-682019. BY SENIOR GOVERNMENT PLEADER, SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30152 of 2011(T) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETIES, ERNAKULAM. EXT.P2 : TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO AUTORIKSHAW NO.KL-39C-8250. EXT.P3 : TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO AUTORIKSHAW NO.KL-39-9554. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE PIUS C. KURIAKOSE & K.HARILAL,JJ. ------------------------------------------------- W.P.(c)No. 30152 of 2011 ------------------------------------- Dated this the 9th day of December, 2011 JUDGMENT PIUS C. KURIAKOSE,J The petitioners, the Association of City Permit Auto Drivers and two of the members of the first petitioner's association have filed this Writ Petition seeking the following reliefs: “Issue a writ of mandamus or any other appropriate writ restraining the respondents 1 and 2 and their subordinates from restricting the entry of Autorikshaws with valid city permit issued by the RTO to operate in all fit roads in Ernakulam District into the road leading to Vyttila Mobility Hub to pick up and set down passengers.” 2. According to the petitioners, the respondents 1 and 2 namely Assistant Commissioner of Police, City Traffic, Edappally and Commissioner of Police, Cochin City are presently restricting the entry of autorikshaws in Vyttila Mobility Hub and this causes serious prejudice to the petitioners. This is police harrassment. 3. Sri.M.K.Aboobacker, the Senior Government Pleader submitted that respondents 1 and 2 are only regularizing the W.P.(c)No. 30152 of 2011 2 entry of autorikshaws into the Mobility Hub area and passes have already been issued to a certain number of autorickshaws. 4. Sri.Praveen Hariharan, learned counsel for the petitioners submitted that passes have been issued by respondents 1 and 2 even to autorickshaws driven by drivers who do not operate in the city. If what Sri.Praveen Hariharan says is correct, the same may be cause of action for challenge in separate proceedings. But the question before us in this jurisdiction is only whether the action of respondents 1 and 2 in not permitting the autorickshaws driven by the petitioner association to enter the Mobility Hub can be branded as harassment. We have no doubt in our mind that the said action does not amount to police harassment. We decline jurisdiction and dispose of this writ petition without granting the directions sought for. PIUS C. KURIAKOSE, JUDGE K. HARILAL, JUDGE ln