IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25304 of 2008(K) -------------------------- PETITIONER: PETITIONER ---------------------- KORAH ABRAHAM, AGED 31 YEARS, S/O. MATHAN ABRAHAM, VANIYAPURAKKAL HOUSE, PUTHUPPALLY P.O., KOTTAYAM. BY ADV. SRI.ALAN PAPALI RESPONDENTS: RESPONDENTS ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST CIRCLE, KOTTAYAM. 4. THE SUB INSPECTOR OF POLICE KOTTAYAM EAST POLICE STATION,KOTTAYAM. 5. THE REGIONAL TRANSPORT OFFICER, R.T.OFFICE, KOTTAYAM. 6. THE PUTHUPPALLY GRAMA PANCHAYAT, SPECIAL GRADE - REPRESENTED BY ITS SECRETARY, PUTHUPPALLY P.O., KOTTAYAM - 686 011. 7. THE PAMPADI MEKHALA TAXI DRIVERS UNION (CITU), PUTHUPPALLY UNIT, REPRESENTED BY ITS SECRETARY, MOHANDAS, S/O. KRISHNAN, AMMAKUNNU HOUSE, PUTHUPPALLY P.O., KOTTAYAM. WP(C).No. 25304 of 2008(K) --2-- 8. THE PUTHUPALLY MEKHALA TAXI DRIVERS UNION (INTUC), PUTHUPPALLY- REPRESENTED BY ITS SECRETARY,BIJU.V.S. S/O. V.K.SIVANKUTTY, VADAKKEKARA HOUSE, PUTHUPPALLY P.O., KOTTAYAM. 9. THE PUTHUPPALLY MEKHALA MOTOR AND MECHANICAL DRIVERS SANGH,(BMS), REPRESENTED BY ITS SECRETARY, SHAMMOL KURIAN, KUNNATHETTU HOUSE, PAYYAPPADY, PUTHUPPALLY, KOTTAYAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 ADV.SHRI V.K.SUNIL FOR R7. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No.25304 of 2008(K) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE DRIVING LICENCE ISSUED BY THE 5TH RESPONDENT DATED 11.12.2006. EXT.P2: TRUE COPY OF THE BADGE ISSUED BY THE ASSISTANT LICENSING AUTHORITY, KOTTAYAM DATED 11.12.06. EXT.P3: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED IN THE NAME OF ABRAHAM T.V. DATED 16.7.08 IN RESPECT OF TATA INDICA CAR DLS DH2. EXT.P4: TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE SECRETARY, RTA, KOTTAYAM DATED 22.7.08 IN THE NAME OF ABRAHAM T.V. EXT.P5: TRUE COPY OF THE TAX COUPON ISSUED BY THE R.T.OFFICE, KOTTAYAM DATED 18.7.08. EXT.P6: TRUE COPY OF THE CERTIFICATE OF INSURANCE ISSUED BY THE UNITED INSURANCE COMPANY LIMITED, ALUVA BRANCH DATED 10.7.08. EXT.P7: TRUE COPY OF THE PETITION GIVEN TO THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST CIRCLE DATED 8.8.08. EXT.P8: TRUE COPY OF THE PETITION GIVEN TO THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION DATED 12.8.08. EXT.P9: TRUE COPY OF THE PETITION GIVEN TO THE REGIONAL TRANSPORT OFFICER, KOTTAYAM THE 5TH RESPONDENT DATED 12.8.08. EXT.P10: TRUE COPY OF THE FIR IN CRIME NO.483/08 OF KOTTAYAM EAST POLICE STATION DATED 28.8.08 AND THE STATEMENT OF MANOJ. RESPONDENTS' EXT: EXT.R7(a): TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT UNION FOR MEMBERSHIP. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.25304 OF 2008 ----------------------------------------------------- DATED THIS THE 1st DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a taxi driver. Exhibit P1 is his driving license. Exhibit P3 is the registration certificate of the taxi car operated by him. Exhibit P4 is its contract carriage permit. When the petitioner tried to park his vehicle at Puthuppally junction in Kottayam- Puthuppally road, the 7th respondent obstructed, for the reason that the petitioner is not a member of that union. The petitioner moved the police by filing Exhibits P7 to P9 representations. Alleging that the police did not take any effective action, this Writ Petition is filed. 2. The learned Government Pleader upon instructions submitted that the police called both parties, but they did not appear. The 7th respondent would submit that the petitioner applied for membership of that Union, but since he is not willing to abide by its stipulations, membership was not granted to him. The Unions operating in that area have come to an understanding to park only limited number of vehicles at the junction. The other vehicles are to W.P.(C)No.25304/08 -2- be parked at a nearby place. When their turn comes, they can take the vehicle and park at the junction. There is no approved taxi stand established by the Grama Panchayat there. The vehicles are parked by the side of the road. Unless there is some self-regulation, traffic block will be the result, it is submitted. The 7th respondent also submitted that the petitioner has not placed the correct facts before this Court regarding his motion for membership of the 7th respondent. So, the Writ Petition may be dismissed. 3. The Puthuppally Junction is a public place. Everyone is entitled to use that junction to park his vehicle subject to any regulations introduced by the police or the Regional Transport Authority, as the case may be. Monopolising the parking area for those having membership in the Union does not have the support of law. Every citizen is entitled to park his vehicle subject to availability of space. If, without space, anybody is parking his vehicle and causing obstruction, it is for the police to interfere and remove the obstruction. The Unions cannot take law into their hands and enforce discipline using muscle power. The petitioner, who was constrained to apply for membership of the 7th respondent Union, cannot be denied relief on that ground as canvassed by the said Union. Subject to availability of W.P.(C)No.25304/08 -3- space, every one including the petitioner should be conceded right to park his vehicle at the junction subject to any directions issued by the police, concerning parking. So, if the members of respondents 7 to 9 are causing obstruction to the parking of the vehicle by the petitioner, he may inform the 4th respondent. In that event, the 4th respondent shall remove the obstruction. This direction will not affect the powers of the police to prohibit parking in the disputed area of all or any of the vehicles including that of the petitioner. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn