IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 34264 of 2010(G) -------------------------------------- PETITIONER(S): ---------------------- 1. CIAL MEGHALA AUTORICKSHAW DRIVERS UNION (REG.NO.07/15/2003),NEDUMBASSERY UNIT, NEDUMBASSERY-683 585, REPRESENTED BY ITS SECRETARY, E.K.UNNI. 2. ERNAKULAM DISTRICT AUTORICKSHAW DRIVERS ASSOCIATION (CITU), REG.NO.305/86, AIR PORT UNIT, NEDUMBASSERY-683 585, REPRESENTED BY ITS CONVENOR REJI.M.V. BY ADV. SRI.WILSON URMESE RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY-683 585. 2. THE CIRCLE INSPECTOR OF POLICE, NEDUMBASSERY-683 585. 3. THE MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT LIMITED, NEDUMBASSERY-683 585. 4. AIRPORT TAXI DRIVERS UNION (CITU), AIR PORT, NEDUMBASSERY-683 585, REPRESENTED BY ITS SECRETARY/PRESIDENT. 5. AIRPORT TAXI DRIVERS UNION (INTUC), AIR PORT, NEDUMBASSERY-683 585, REPRESENTED BY ITS SECRETARY/PRESIDENT. 6. AIRPORT PRE-PAID TAXI DRIVERS UNION (BMS) AIR PORT, NEDUMBASSERY-683 585, REPRESENTED BY ITS SECRETARY/PRESIDENT. R1 & R2 BY GOVT. PLEADER MR.JAIBY PAUL. R3 BY ADV. SRI.N.N.SUGUNAPALAN, SC. , SMT.T.N. GIRIJA, SC. R4 TO R6 BY ADV. MR.N. NAGARESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34264 of 2010(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT. EXT.P1(a): COPY OF THE RECEIPT DATED 19/10/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED 22/10/2010. EXT.P2(a): COPY OF THE RECEIPT DATED 22/10/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 2ND PETITIONER BY THE SECRETARY, RTA, ALUVA. EXT.P3(a): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.RADHAKRISHNAN BY THE SECRETARY, RTA, ALUVA. EXT.P3(b): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.NISHAD V.U. BY THE SECRETARY, RTA, ALUVA. EXT.P3(c): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.JOSHY V.O. BY THE SECRETARY, RTA, ALUVA. EXT.P3(d): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.SUMESH V.R. BY THE SECRETARY, RTA, ALUVA. EXT.P3(e): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.T.D. MARTIN BY THE SECRETARY, RTA, ALUVA. EXT.P3(f): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.SEBASTIAN BY THE SECRETARY, RTA, ALUVA. EXT.P3(g): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.MADHAVAN BY THE SECRETARY, RTA, ALUVA. EXT.P3(h): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.KUNJUMON P.V. BY THE SECRETARY, RTA, ALUVA. EXT.P3(i): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.SURESH BABU BY THE SECRETARY, RTA, ALUVA. EXT.P3(j): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SMT.PADMINI UNNI BY THE SECRETARY, RTA, ALUVA. EXT.P3(k): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO SRI.MARTIN BY THE SECRETARY, RTA, ALUVA. EXT.P4: COPY OF THE NEWS REPORT PUBLISHED IN THE NEW INDIAN EXPRESS DAILY DATED 18/01/2011. EXT.P5: COPY OF THE NEWS REPORT PUBLISHED IN THE MATHRUBHUMI DAILY DATED 08/03/2011. (P.T.O.) WP(C).No. 34264 of 2010(G) EXT.P6: COPY OF THE NEWS REPORT PUBLISHED IN INDIAN EXPRESS DAILY DATED 08/03/2011. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE FIR NO.814 DATED 15/09/2010. EXT.R3(a): COPY OF THE PETITION FILED BY THE 3RD RESPONDENT BEFORE THE SUPERINTENDENT OF POLICE, ALUVA (RURAL). EXT.R3(b): COPY OF THE JUDGMENT DATED 24/01/2007 IN WP(C) NO. 26876/2006 OF THIS HONOURABLE COURT. //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:34264 OF 2010 G ----------------------------------------------------------- Dated this the 5th April, 2011. JUDGMENT Basant, J. When this petition came up for hearing it is brought to our notice that by judgment dated 24-3-2011 in WPC 7487/2011 a Single Bench of this Court has passed orders permitting the autorickshaw drivers to drop passengers at the airport terminal with the rider that they shall not be entitled to pick up passengers from the airport. In the light of the order of the learned Single Judge we have no reason to assume that any of the respondents will be obstructing the movement of autorickshaws in accordance with terms of the order passed by the learned Single Judge. In the light of that direction which remains unchallenged now we are of the opinion that this writ petition only deserves to be dismissed. 2. We do accordingly dismiss this writ petition but we make it clear that this judgment shall not in any way fetter the rights of the petitioners to challenge the order of the learned WPC 34264/2010 2 Single Judge and if successful to claim police protection on the basis of such further orders. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 34264/2010 3