IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH MAY 2008 / 19TH VAISAKHA 1930 WP(C).No. 9289 of 2008(E) ------------------------- PETITIONER: ------------ KASSIMKUTTY.P.A., S/O.ABDUL KHADAR, PODIPPARA, BLOCK NO.480, THOOKUPALAM, IDUKKI DISTRICT. BY ADV. SRI.S.M.ALTHAF RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, NEDUMKANDAN, IDUKKI DISTRICT. 3. SUB INSPECTOR OF POLICE, NEDUMKANDAN, IDUKKI DISTRICT. 4. CITU UNION, THOOKUPALAM UNIT, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, REPRESENTED BY ITS PRESIDENT, SHAJI. 5. I.N.T.U.C. UNION, THOOKUPALAM SNDP JUNCTION UNIT, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, REPRESENTED BY ITS PRESIDENT, RAJU.N.G. 6. BMS, THOOKUPALAM UNIT, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, REPRESENTED BY ITS PRESIDENT, ANEESH. BY GOVERNMENT PLEADER, SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9289 of 2008(E) PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE RELEVANT PAGES OF CERTIFICATE OF REGISTRATION SHOWING THAT THE PETITIONER IS THE OWNER. EXT.P2 TRUE COPY OF THE PERMIT IN RESPECT OF A CONTRACT CARRIAGE ISSUED BY SUB REGIONAL TRANSPORT OFFICE, VANDIPERIYAR. EXT.P3 TRUE COPY OF THE LICENCE ALONG WITH THE DRIVER'S BADGE. EXT.P4 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT ON 11/3/08 TO GIVE ADEQUATE PROTECTION TO USE THE VEHICLE AS A CONTRACT CARRIAGE. EXT.P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. \\TRUE COPY// A.K.BASHEER & P.N.RAVINDRAN, JJ. ------------------------------------------- W.P.(C).No.9289/2008-E ------------------------------------------- Dated this the 9th day of May, 2008 J U D G M E N T A.K.BASHEER, J. Petitioner is stated to be the registered owner of an auto rickshaw bearing registration No.KL-38/5932. He prays for issue of a writ of mandamus or such other order or direction to respondents 2 to 3 to afford sufficient and meaningful police protection to use his vehicle as a contract carriage. It is pointed out by the petitioner that he has been issued Ext.P2 permit to ply the vehicle. Though notice has been served on respondents 4 to 6, members of which unions are allegedly causing hindrance to the operation of the vehicle of the petitioner, they have not appeared in person or through counsel. 2. Having regard to the entire facts and circumstances, we are satisfied that the petitioner is entitled to ply his vehicle as a contract carriage on the strength of Ext.P2 permit. Ordered accordingly. It is made clear that if there is any other legal impediment with regard to his authorisation to drive the vehicle, this order shall not confer any other right. Sd/- A.K.BASHEER, JUDGE Sd/- P.N.RAVINDRAN, JUDGE ms