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 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 15859 of 2010(F) -------------------------------------- PETITIONER(S): ---------------------- ADBHUL RAHEEM K.K., S/O.AMMADU HAJI, AGED 38 YEARS, KOTTAKANDI HOUSE, THARAPPOIL P.O., PONMERI (VIA), VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------- 1. S.P. OF POLICE, KOZHIKODU. 2. C.I. OF POLICE, VADAKARA, VADAKARA P.O., KOZHIKODE DISTRICT. 3. S.I. OF POLICE, VADAKARA POLICE STATION, VADAKARA, KOZHIKODE DISTRICT. 4. CHAIRMAN, CO-ORDINATION COMMITTEE/ PRESIDENT, AYYANCHERY GRAMA PANCHAYATH, KADAMERY P.O., AYYANCHERY, VADAKARA TALUK, KOZHIKODE DISTRICT. 5. RAJAN VARAYALIL, VARAYALIL HOUSE, AYYANCHERY P.O., THIRUVALLOORE (VIA), VADAKARA TALUK, KOZHIKODE DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL FOR R5 SRI.N.F.JOHN JOSEPH THOMAS FOR R5 SRI.SAJU.S.A FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15859/2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1. TRUE COPY OF THE LICENCE OF THE PETITIONER. EXT.P2. TRUE COPY OF THE PERMIT TO THE AUTO OF THE PETITIONER. EXT.P3. TRUE COPY OF THE RC BOOK OF THE VEHICLE OF THE PETITIONER. EXT.P4.TRUE COPY OF THE COMPLAINT FILED ON 3.5.2010 BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4A. TRUE COPY OF THE DECISION OF AYANCHERRY PANCHAYATH DATED 6.8.2008. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15859 of 2010-F ---------------------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking police protection. Briefly put, the case of the petitioner is as follows: 2. Petitioner is an autorikshaw driver. He is a permanent resident of Ayyanchery. He has purchased an autorikshaw borrowing money from his father-in-law. Ext.P1 is the licence. Ext.P2 is the permit and Ext.P3 is the R.C.Book. Respondents 4 and 5 and their men are taking the law into their hands and doing damage and loss to the petitioner and his vehicle. It is alleged that on 1.5.2010 while the petitioner was taking passengers from the town, the 5th respondent forcibly took away the key of the autorikshaw and did not allow the petitioner to ply the vehicle. Petitioner filed complaint before the Ist respondent. A counter affidavit is filed by the 4th respondent. 3. We heard the learned counsel for the parties. Learned counsel for the 4th respondent submits that in view of the complaint from the members of the locality a committee was formed to deal with the problem of parking and on WPC No.15859/2010 -2- petitioner's application for grant of sticker of the Panchayat it will be issued to the petitioner in the chronological order. In answer to the querry whether the committee has got any statutory backing the answer was no. It is only a committee formed consisting of members of the Panchayat, members of the police force, members of Motor Vehicles Department and also union members of the autorikshaws. 4. Going by Ext.P2 petitioner has been given right to park at Ayanchery. Ayanchery is the name of the Panchayat itself. In the circumstances, we make the interim order absolute and dispose of the writ petition. We also record the submission of the learned counsel for the 4th respondent that the petitioner will also be given sticker by the committee in chronological order. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS