IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 1982 of 2010(W) -------------------------------------- PETITIONER(S): ---------------------- 1. VARGHESE.T.M,AGED 54,S/O.MATHEW, THAIKKAT HOUSE,KUTTOOR,P.O,THRISSUR. 2. OUSEPH.A.R,ARIMBOOR HOUSE,KUTTOOR,P.O, THRISSUR. 3. PAUL.A.V,S/O.VAREED,ARIMBOOKARAN HOUSE, KOTTEKAD.P.O,KOLAZHY,THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE,VIYYUR POLICE STATION,THRISSUR. 2. THE SECRETARY,BHARATHIYA MAZDOOR SANGH (BMS),NEAR DAYA HOSPITAL,VIYYUR,THISSUR. ADDL. 3. THE CORPORATION OF THRISSUR, THRISSUR. (The additional 3rd respondent is suo motu impleaded vide judgment dated 3.3.2010 in W.P ( C) No.1982/2010) R1 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R2 BY ADV. SRI.N.NAGARESH R3 BY STANDING COUNSEL SRI.K.B.MOHANDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 1982 OF 2010-W2 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF CERTIFICATE OF REGISTRATION OF KC-8-AR 5377 TATA INDIGO CAR. EXT.P2. TRUE COPY OF CERTIFICATE OF REGISTRATION OF KL-8-AP-5621 TATA INDICA CAR. EXT.P3. TRUE COPY OF CERTIFICATE OF REGISTRATION OF KL-9-A 7578 AMBASSADOR CAR. EXT.P4.TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 16.12.2009 ISSUED TO THE PETITIONERS. EXT.P5.TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 17.11.2008 ISSUED TO THE 2ND PETITIONER. EXT.P6.TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 18.02.2008 ISSUED TO THE 3RD PETITIONER. EXT,.P7.TRUE COPY OF THE COMPLAINT DATED 13.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P8.TRUE COPY OF THE RECEIPT DATED 13.1.2010 ISSUED FROM THE IST RESPONDENT'S OFFICE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.1982 of 2010-W ---------------------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is for a direction to the Ist respondent to render adequate protection to the petitioners for parking their vehicles in the taxi stand in front of Daya hospital, Viyyur. 2. Briefly put, the case of the petitioners is as follows:-- Petitioners are owners of taxi cars. It is stated that they had obtained contract carriage permit from the Regional Transport Officer, Thrissur. It is also stated that there is a taxi stand in front of Daya Hospital, Viyyur. It is further stated that 8 to 10 taxi cars are parking there. It is stated that when the petitioners tried to park their vehicles in the said stand the drivers of the vehicles parking there threatened and objected to it demanding Rs.25,000/- as 'pakidi' for parking there. It is stated that petitioners have made a complaint to the Ist respondent. 3. We heard the learned counsel for the parties appearing. We suo motu implead The Corporation of Thrissur, W.P.C No.1982/2010 -2- Thrissur as the additional 3rd respondent. Learned counsel for the Thrissur Corporation submits that actually there is no parking there and that the Corporation has not allowed any parking space. Learned counsel for the 2nd respondent submits that there is no obstruction; but there is only lack of space. If there is a taxi stand, the 2nd respondent cannot obstruct the petitioners. If there is any obstruction in the matter of parking the vehicles by the 2nd respondent and if the petitioners seek to park their vehicles without violating any of the provisions of law, then the Ist respondent will afford adequate protection to the petitioners against the 2nd respondent from obstructing the petitioners from parking in an area which is permissible. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS