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 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 30547 of 2010(P) ------------------------------------------------ PETITIONER(S): --------------------- SUBAIR.A. SON OF MAMMU, 20 YEARS, PUNNAKKAN HOUSE, VAYAKKARA AMSOM, NERUMBA DESOM, CHERUPUZHA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): ----------------------- 1. THE SUB INSEPCTOR OF POLICE, PERINGOME POLICE STATION, KANNUR DISTRICT. 2. THE REGIONAL TRANSPORT OFFICER, R.T.O., TALIPARAMBA, KANNUR-670141. 3. PUTHUPPARAMBIL SHAJAHAN, RESIDING NEAR BALAWADI ROAD, CHERUPUZHA.P.O., KANNUR DISTRICT. (CONVENER, SAMYAKUKTH AUTORIKSHAW THOZHILALI UNION CHERUPUZHA). R1 & R2 BY GOVERNMENT PLEADER SMT. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.30547 OF 2010 P PETITIONER'S EXHIBITS; EXT.P1 TRUE COPY OF THE DRIVING LICENCE OF THE PETITIONER. EXT.P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT. EXT.P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE AUTORIKSHAW OF THE PETITIONER AND THE TAX LICENCE. EXT.P4 TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF CONTRIBUTION TO THE KERALA MOTOR TRANSPORT WORKERS' WELFARE FUND BOARD. EXT.P5 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE KANNUR DISTRICT NATIONAL MOTOR LABOUR UNION. EXT.P6 TRUE COPY OF THE COMPLAINT MADE BEFORE THE 1ST RESPONDENT. EXT.P7 TRUE COPY OF THE COMPLAINT MADE BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //True copy// PS to Judge K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C).NO. 30547 OF 2010 P ------------------------------------------ Dated this the 16th November, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus, direction, order or prohibition, directing 1st respondent to provide adequate and sufficient police protection to the petitioner to enable him to park and operate his autorikshaw in the autorikshaw stand at Cherupuzha Town in Kannur District. ii) Issue a writ of mandamus, direction, order or prohibition, directing the 1st respondent to conduct necessary enquiry on Exhibit P6 complaint and take necessary action thereon.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is an autorikshaw driver. He has obtained Ext.P1 WP(C).NO.30547/2010 P 2 driving licence, Ext.P2 contract carriage permit, Ext.P3 Certificate of Registration, Ext.P4 Receipt showing payment of contribution to the Kerala Motor Transport Workers' Welfare Fund Board and Ext.P5 Identity Card to show membership of Kannur District National Motor Labour Union. There are some political difference between the petitioner and the third respondent. The third respondent is obstructing the parking of the petitioner's autorikshaw at the Cherupuzha town. Petitioner filed Exts.P6 and P7 complaints. Not eliciting the response as expected, petitioner is before us. 3. We heard the learned counsel for the petitioner and the learned Government Pleader. Though served, the party respondent does not appear. 4. Ext.P2 would show that the petitioner is entitled to park the autorikshaw at Cherupuzha. In such circumstances, we are inclined to accept the case of the petitioner and we dispose of the Writ Petition by directing that if there is obstruction by the WP(C).NO.30547/2010 P 3 members of the third respondent to the petitioner parking his autorikshaw at Cherupuzha as permitted in Ext.P2, the first respondent shall provide sufficient police protection to the petitioner to enable him to park and operate the autorikshaw from Cherupuzha as permitted in Ext.P2, as against any such obstruction. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. //True copy// PS to Judge WP(C).NO.30547/2010 P 4