IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 900 of 2010(J) ------------------------ PETITIONER: --------------- ANEESH KUMAR, S/O.LATE MADHAVAN, 5/562, CHALAKKAL METHAL HOUSE, PERUMANNA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. RAFEEQ, S/O.MOIDEEN KOYA, ILLIKKAL THAZHAM HOUSE, P.O.PERUMANNA, KOZHIKODE DISTRICT. (SECRETARY MOTOR THOZHILALI UNION, AUTORICKSHAW SECTION (CITU), PERUMANNA). 2. SURENDRAN, S/O.LATE GOVINDAN NAIR, NADUVATHADATHIL HOUSE, P.O.PERUMANNA, KOZHIKODE DISTRICT, (SECRETARY, MOTOR THOZHILALI UNION, AUTORICKSHAW SECTION (INTUC), PERUMANNA). 3. NOUFAL, S/O.BAVA, KUZHIYIL PARAMBIL HOUSE, P.O.PANTHEERANKAVU, KOZHIKODE (SECRETARY, MOTOR THOZHILALI UNION, AUTORICKSHAW SECTION (STU), PERUMANNA). 4. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY G.P. SRI T K VIPINDAS, FOR R4 AND R5. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: EXHIBITS PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S TAXI JEEP. EXT.P2. TRUE COPY OF THE PETITION DATED 20.12.2009 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 900 of 2010 J - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking a direction to the 4th respondent to provide adequate police protection to operate the taxi jeep bearing Reg. No. KL 11/L 1944 and to declare that the action of respondents 1 to 3 and their men obstructing the taxi service conducted by the petitioner by the above said jeep as illegal. 2. Briefly the case of the petitioner is as follows. Petitioner is the registered owner of a taxi jeep bearing No. KL 11/L 1944. Respondents 1 to 3 represent the autorikshaw drivers of the area. They used to levy exorbitant charges from the passengers. Petitioner owns the jeep in his capacity as the W.P.(C).No. 900 of 2010 2 Executive Member of Puttekkadavu Janakiya Jeep Committee. When the autorikshaw drivers started to levy exorbitant charges, 101 persons of the locality, who are regular passengers, formed the above said Committee and a tax jeep was purchased in the name of the petitioner. The petitioner started the operation of the taxi jeep by levying charges fixed by the Government from time to time. This has enraged respondents 1 to 3 and their men. They obstructed the operation of the taxi jeep by the petitioner. On 9.1.2010, while the petitioner was operating the taxi jeep, respondents 1 to 3 and their men obstructed the operation of the vehicle and threatened the petitioner with dire consequences. 3. A counter affidavit has been filed by Respondents 1 to 3, stating inter alia that there are several buses plying from Vellayikode to Medical College side and City Mananchira side. The timings are also indicated. They contend that the petitioner cannot ply parallel jeep W.P.(C).No. 900 of 2010 3 service through bus route. The aggrieved parties are the bus passengers and the bus owners in the area. They are not impleaded in the Writ Petition. They denied the existence of a Committee as also levy of exorbitant charges by them. The autorikshaw drivers are collecting only charges prescribed by the authorities. There is no allegation against any of the autorikshaw drivers in the area. 4. We heard the learned counsel appearing for the parties. The petitioner has a permit to ply his taxi jeep. Respondents 1 to 3 cannot object to the operation of the said taxi service, for which he has a valid permit. No doubt, petitioner cannot claim a right to use the taxi permit in violation of any law, including to run a parallel service. 5. In such circumstances this Writ Petition is disposed of as follows. There will be a direction to the 4th respondent to provide the petitioner with adequate police protection for operating his taxi jeep bearing No.KL 11/L 1944, provided he runs the taxi jeep in accordance W.P.(C).No. 900 of 2010 4 with the permit and also in accordance with any other provisions of law as against respondents 1 to 3. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm