IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 23688 of 2011(I) ------------------------------- PETITIONER(S): ------------------ K.V.BALAKRISHNAN, AGED 32 YEARS, S/O.RAMAN VELICHAPPADAN, PANAPUZHA AMSOM, ALAKKAD DESOM, P.O.ERIAM, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------- 1. SUPERINTENDENT OF POLICE, KANNUR, PIN-670307. 2. CIRCLE INSPECTOR OF POLICE, PAYYANNUR, PIN-670307. 3. SUB INSPECTOR OF POLICE, PAYYANNUR, PIN-670307. 4. AUTORICKSHAW THOZHILALI UNION CITU, REPRESENTED BY ITS SECRETARY, MR.SUKU M., AGED 38 YEARS, MANHANKOTTU HOUSE, S/O.THAZHATHU VALAPPIL KUNHIRAMAN, ERIYAM, P.O.ERIYAM, TALIPARAMBA TALUK, PIN-670303. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23688 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF SALE AGREEMENT OF PETITIONER'S AUTO RICKSHAW REG. NO.KL-13-U-23, DATED 01/08/11. EXT.P2:- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE REG NO.KL-13-U-23 DATED 13/11/09. EXT.P3:- TRUE COPY OF THE RELEVANT PAGES OF HIS RATION CARD OF THE PETITIONER DATED 24/12/08. EXT.P4:- TRUE COPY OF THE LICENSE WITH BADGE OF THE PETITIONER TO DRIVE AUTO RICKSHAW AND OTHER VEHICLES. EXT.P5:- TRUE COPY OF COMPLAINT DATED 07/08/11 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6:- TRUE COPY OF THE JUDGMENT IN W.PC.26460/09 DATED 01/10/09 PASSED BY THIS HON. COURT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23688 of 2011 ------------------------------------------------ Dated this the 22nd day of September, 2011 JUDGMENT Abdul Rehim, J Petitioner is seeking direction for affording police protection to his life against the threat alleged to have been caused by the 4th respondent and their henchmen and for a direction to ensure that he is allowed to park his 'Autorickshaw' at “Eriyam Kavala” and at other places in Taliparamba Taluk and to operate the Autorickshaw without being obstructed in any manner. 2. Allegation of the petitioner is that the petitioner is plying the Autorickshaw which is registered in his name under a valid permit (Ext.P7) issued in which the parking place is mentioned as “Eriyam”. It is contended that the petitioner has got valid Driving Licence and Badge to ply the Autorickshaw. According to the petitioner, Eriyam Kavala is a spacious place wherein Autorickshaws are normally parked. W. P. C. No.23688 of 2011 -2- But the 4th respondent obstructed parking of the petitioner's Autorickshaw at that place through physical obstructions caused. According to the petitioner, inspite of approaches made before the 3rd respondent by submitting Ext.P5 complaint, no effective steps are taken. Hence, this Writ Petition is filed. 3. Inspite of service of notice to the 4th respondent, nobody entered appearance and they have not chosen to contest the Writ Petition. The learned Government Pleader appearing on behalf of the respondents 1 to 3, on the basis of instructions received, submitted that on receipt of complaint from the petitioner the 4th respondent was summoned and they conceded that they are not causing any obstructions to the petitioner in parking his Autorickshaw at the place in question. It is further submitted that the 4th respondent was warned not to create any such obstructions. 4. Under the above mentioned circumstances, we dispose of the Writ Petition directing the 3rd respondent to take effective steps if any intimation is received regarding W. P. C. No.23688 of 2011 -3- any physical obstruction caused to the petitioner in parking his Autorickshaw at the Eriyam Kavala and other places and in plying the same, to remove such obstructions and to afford protection to the petitioner. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-