IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 11906 of 2010(K) -------------------------- PETITIONER: --------------- JAMES.M.J., AGED 33 YEARS, S/O.JOSEPH M.M., RESIDING AT HOUSE NO.322A (9/392), MEKKAT 5, PONKAL, EASTELERI, KASARGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------ 1. AUTO THOZHILALI UNION, I.N.T.U.C. EAST ELERI, REPRESENTED BY ITS PRESIDENT CHAKKARAYIL SUNNY, AGED 36 YEARS, S/O.CHAKKARAYIL VARKEY, RESIDING AT NELLOMBUZHA, P.O.KANNIVAYAL, KASARAGOD DISTRICT. 2. SUB INSPECTOR OF POLICE, CHITTARIKKAL. 3. CIRCLE INSPECTOR OF POLICE, VELLARIKUNDU. 4. SUPERINTENDENT OF POLICE, KASARAGOD. 5. EASTELERI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, P.O.EAST LERI, KASARAGOD DISTRICT. BY GOVT.PLEADER SHRI BENJAMIN PAUL ADV. SRI.SUNNY MATHEW FOR R1 SRI.JAWAHAR JOSE FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.11906/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PETITIONER'S DRIVING LICENCE. EXT.P2: TRUE COPY OF THE REGISTRATIN CERTIFICATE OF THE PETITONERS AUTO BEARING REG.NO.KL-60B-3409. EXT.P3: TRUE COPY OF THE RELEVANT PAGES OF PASSBOOK ISSUED BY NORTH MALABAR GRAMIN BANK, PALA. EXT.P4: TRUE COPY OF THE PETITIONER'S ELECTION IDENTITY CARD BEARING NO.DW L-1692151. EXT.P5: TRUE COPY OF 1ST PAGE OF PETITIONER'S RATION CARD BEARING NO.2469112705. EXT.P6: TRUE COPY OF COMPLAINT LODGED BY THE PETITONER BEFORE THE 2ND RESPONDENT DATED 21.3.2010. EXT.P7: TRUE COPY OF JUDGMENT IN W.P.(C)No.22898/09 EXT.P8: TRUE COPY OF JUDGMENT IN W.P.(C)No.26460/09. EXT.P9: TRUE COPY OF PERMIT BEARING NO.P.CO.60/479/2010 DATED 10.3.09 ISSUED BY JOINT R.T.O. , KANHANGAD. TRUE COPY ANTONY DOMINIC & C.K.ABDUL REHIM, JJ ------------------- W.P.(C).11906/2010 -------------------- Dated this the 6th day of May, 2010 JUDGMENT Antony Dominic, J. The allegation of the petitioner is that the 1st respondent and its members are not permitting him to ply his auto bearing registration No.KL-60-B 3409. 1st respondent denies this allegation. But however points out that the petitioner is making use of the auto for illegal activities. 2. If the petitioner is engaging himself in any illegal activities either by utilizing his auto or otherwise, it is always open to the police authorities to take action against him, and the 1st respondent or its members cannot prevent the petitioner from plying his auto and if any such obstruction is caused, it necessarily is the duty of respondents 2 and 3 to afford adequate police protection to the petitioner. In view of the above, we dispose of this writ petition with the following W.P.(C).11906/10 2 directions. In case any obstruction to the petitioner for plying his auto is offered by the 1st respondent, it is directed that it will be open to the petitioner to move the 2nd respondent in which event, necessary protection will be given to the petitioner. However it is clarified that this order will not enable the petitioner to engage himself in any illegal activities and in the event any such activity is resorted to, it is always open to the police authorities to take appropriate action against the petitioner. ANTONY DOMINIC, Judge C.K.ABDUL REHIM Judge mrcs