IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 30244 of 2010(E) ------------------------------------- PETITIONER(S): ------------------------ 1. JAYARAJAN, AGED 38 YEARS, S/O.RAMAN, MUKKATH HOUSE, KALPETTA P.O., WAYANAD DISTRICT. 2. SATHEESH BABU, S/O.ANANDAN, AGED 34 YEARS, PUTHUPARAMBIL HOUSE, KALPETTA, WAYANAD DISTRICT. 3. MUSTAFA, S/O.SAIDALAVI, AGED 21 YEARS, MARAVAYAL HOUSE, MUNDERI, KALPETTA. 4. M.RAMACHANDRAN, S/O.NARAYANAN, MAILADIYIL HOUSE, KALPETTA NORTH P.O., WAYANAD. 5. AKILESH, S/O.VELAYUDHAN, AGED 32 YEARS, CHEMBARA HOUSE, KALPETTA P.O., WAYANAD. 6. K.GEORGE, S/O.KURIAN, ANJALI HOUSE, NEAR S.K.M.J.H.S.S., KALPETTA P.O., WAYANAD. BY ADV. SMT.M.R.JAYALATHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO ROAD TRANSPORT, SECRETARIAT, TRIVANDRUM- 01 2. THE DEPUTY SUPERINTENDENT OF POLICE KALPETTA, WAYANAD DISTRICT 673121. tss W.P.(C) NO. 30244/2010 3. THE SUB INSPECTOR OF POLICE, KALPETTA, WAYANAD DISTRICT- 673 121 4. NARAYAN, CHITHRAM PATTU QUARTERS NEAR AYURVEDA HOSPITAL, EMILY, KALPETTA P.O., WAYANAD DISTRICT- 673 121. 5. SHANAVAS, S/O.IBRAHIM, KUTTAI (JAVANA MANZIL), PUTHURVAYAL P.O., KALPETTA, WAYANAD DISTRICT 673 121. 6. KALPETTA MUNICIPALITY, REP.BY THE SECRETARY, KALPETTA, WAYANAD-673 121. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS R4 & R5 BY ADV. SRI.MOHAMED RAVUF R6 BY ADV. SRI.JOE JOSEPH KOCHIKUNNEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30244/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT. P1(a):- COPY OF THE R.C. BOOK OF THE IST PETITIONER IN VEHICLE NO.KL-12 D/3020. P1(b):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM VEHICLE NO.KL-12D/3020. P2:- COPY OF THE AGREEMENT. P2(a):- COPY OF THE R.C. BOOK OF THE 2ND PETITIONER IN VEHICLE NO.KL-12D/4001. P2(b):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY , TRIVANDRUM VEHICLE NO.KL-12D/4001. P2(c):- COPY OF THE R.C. BOOK OF THE 2ND PETITIONER IN VEHICLE NO.KL 12C-3021. P3:- COPY OF THE AGREEMENT. P3(a):- COPY OF THE R.C. BOOK OF THE 3RD PETITIONER IN VEHICLE NO.KL-12D-5994. P3(b):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM, VEHICLE NO.KL-12D-5994. P3(c):- COPY OF THE RC. BOOK IN VEHICLE NO.KL-7A-Z-6756. P3(d):- COPY OF THE AGREEMENT . P3(e):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM, VEHICLE NO.KL-7A-Z06756. P4:- COPY OF THE R.C. BOOK OF THE 4TH PETITIONER IN VEHICLE NO.KL-12D/1004. P4(a):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM, VEHICLE NO.KL-12D/1004. P5:- COPY OF THE AGREEMENT. P5(a):- COPY OF THE R.C.BOOK OF THE 5TH PETITIONER IN VEHICLE NO.KL-07 AB 2506. P5(b):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM VEHICLE NO.KL-07 AB 2506. P6:- COPY OF THE R.C. BOOK OF THE 6TH PETITIONER VEHICLE NO.KL-12D/8938. P6(a):- COPY OF THE PERMIT ISSUED BY STATE TRANSPORT AUTHORITY, TRIVANDRUM , VEHICLE NO.KL 12D/8938. W.P.(C) NO.30244/2010 P7:- COPY OF THE RECEIPT OF COMPLAINT. DT.31.7.2010 BY 6TH RESPONDENT. P8:- COPY OF THE JUDGMENT DTD. 15.10.2009 IN WPC. 22102/09 OF THIS HONOURABLE COURT. P9:- COPY OF THE REPLY DTD. 13.10.200 BY THE 6TH RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:30244 OF 2010 E ----------------------------------------------------------- Dated this the 28th March, 2011. JUDGMENT Basant, J. The petitioners have come to this Court complaining about the inaction of the police on receipt of their complaint that they are being illegally obstructed from parking their vehicles at Kalpetta Muncipal taxi stand. 2. When the matter came up for hearing, it is made clear by the learned counsel for the petitioners that no relief is being claimed so far as the fifth petitioner is concerned, as the fifth petitioner's permit to operate the taxi car does not permit parking of his vehicle at Kalpetta and it has to be parked at Vythiri. 3. The grievance of the other petitioners; that is petitioners 1 to 4 and 6, is that though the permit issued to them authorises the parking of the vehicle at Kalpetta, respondents 3 and 4 are obstructing the parking of the vehicles at the muicipal taxi stand at Kalpetta. If there is space available, petitioners are entitled to park their vehicles on the principle of first come first served. WPC 30244/2010 2 Petitioners also should be permitted to park their vehicles in the Kalpetta Municipal bus stand. Respondents 5 and 6 have no authority to obstruct such parking of vehicles. Appropriate directions may be issued to the police, it is prayed. 4. The learned Govt. Pleader after taking instructions submits that respondents 1 to 3 take the stand that the petitioners (other than the fifth petitioner) can park their vehicles at the Kalpetta Tourist Taxi Stand provided there is space. On the principle of first come first served they are also entitled to park their vehicles submits the learned Govt. Pleader on behalf of respondents 1 to 3 categorically. 5. There is no representation for respondents 4 and 5. The learned counsel for the sixth respondent endorses the stand taken by the learned Govt. Pleader. It is brought to our notice that when the matter came up for hearing 26-11-2011 an interim order was passed by the Bench which dealt with the matter. That interim order was extended from time to time. 6. The learned counsel for the petitioner submits that the interim order which has remained in force all along may be made absolute and these proceedings may be closed. The learned Govt. Pleader and the learned counsel for the sixth respondent do not raise any objection to that course. WPC 30244/2010 3 7. In the result; a) This petition is allowed. b) Subject to the availability of space, petitioners shall also be permitted to park at the Kalpetta Tourist Taxi Stand, on first cum first served principle and, if there is any obstruction by respondents 4 and 5 to the same, respondents 2 and 3 shall provide sufficient protection to the petitioners vehicle for parking at the Kalpetta Tourist Taxi Stand as against such obstruction. c) It is made clear that only petitioners 1 to 4 and 6 who as per the permit issued are entitled to park their vehicles at Kalpetta shall be entitled for the benefit of this order and fifth petitioner is not entitled to take advantage of the order. d) Needless to say the petitioners right to park the vehicles in the Kalpetta taxi stand is subject to availability of space for parking in the taxi stand and they have to strictly observe the rule of first come first served. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 30244/2010 4 WPC 30244/2010 5