IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 11630 of 2007(H) -------------------------- PETITIONER(S): --------------- 1. DEVASSIA, AGED 48 YEARS, S/O.AUGUSTHY, KANDAVANATHIL HOUSE, KATTAPPANA P.O. 2. T.M.CHANDRAN, AGED 48, S/O.MADHAVAN, THUNDIYIL HOUSE, KATTAPPANA. 3. C.C.MATHEW, AGED 49, S/O.CHACKO, SOURIYANKUZHIYIL HOUSE, KALTHOTTY P.O. 4. MATHEW KUTTY, AGED 44 YEARS, S/O.CHACKO, MOOVELIL HOUSE, KANCHIYAR P.O., AYYAPPANCOIL. 5. MR.SABU, AGED 37 YEARS, S/O.BHASKARAN, PUTHENVEETIL HOUSE, ERATTAYAR P.O. 6. SANTHOSH KUMAR M.J., AGED 34 YEARS, S/O.JANARDHANAN, MANJADIYIL HOUSE, SANTHIGRAM P.O., KALKOONTHAL. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): --------------- 1. THE KATTAPPANA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KATTAPPANA. 2. THE HIGH RANGE MOTOR THOZHILALI ASSOCIATION, REGISTRATION NO.06.2.1988, KATTAPPANA, REPRESENTED BY ITS GENERAL SECRETARY, M.K.BALACHANDRAN. R2 BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.11630/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT IN W.P(C).21209/06 DATED 6.12.2006. EXT.P2: TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT PANCHAYAT DATED 20.3.2006. EXT.P3: TRUE COPY OF RECEIPT ISSUED BY 2ND RESPONDENT TO 1ST PETITIONER DATED 10.11.2006. EXT.P4: TRUE COPY OF RECEIPT ISSUED BY 2ND RESPONDENT TO 5TH PETITIONER DATED 14.11.2006. EXT.P5: TRUE COPY OF RECEIPT ISSUED BY 2ND RESPONDENT TO 5TH PETITIONER DATED 14.11.2006. EXT.P6: TRUE COPY OF CERTIFICATE DATED 8.4.2006 ISSUED BY THE 2ND RESPONDENT TO THE EXECUTIVE OFFICER, WELFARE BOARD, THODUPUZHA. EXT.P7: TRUE COPY OF IDENTITY CARD ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF IDENTITY CARDS ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT. EXT.P9: TRUE COPY OF THE JUDGMENT DATED 14.3.2006 IN W.P(C).8428/07 ON THE FILE OF HIGH COURT OF KERALA. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.11630 OF 2007 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT The petitioners challenge Ext.P2 decision of the panchayat. That decision inhibited the petitioners, who are taxi drivers, from parking their vehicles in a taxi stand. The ground of such inhibition is that the vehicles cannot be permitted to be parked in that stand as the parking rights have been farmed out to the second respondent. The said decision affects the fundamental rights of the petitioners, including Articles 19(1) and 21, apart from Article 14. The uncontested interim order prevailing now, issued at the stage of admission, is that the first respondent shall not remove the vehicles, parked by the petitioners, from the panchayat stand on the strength of Ext.P2. Having regard to what is aforesaid, this writ petition is allowed quashing Ext.P2. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.16/04.