IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26460 of 2009(B) -------------------------- PETITIONER(S): --------------- SHIBU, S/O. KUNHIKANNAN, AGED 30 NO.6/567, KAKKAD HOUSE, POST NHELI KANNUR DIST. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE OFFICE OF CIRCLE INSPECTOR OF POLICE, PAYYANNUR. 2. THE SUB INSPECTOR OF POLICE PERINGOM POLICE STATION, PERINGAM. 3. THE SECRETARY, PERINGOM VAYAKKARA PANCHAYAT, PERINGOM. 4. RAJESH, S/O. RAGHAVAN, PANNIKKAN HOUSE, KUPPOL PERINGOM.P.O. 5. NISHAJ, MADAKAMPOYIL, PERINGOM.P.O., PERINGOM. ADV. SRI.M.V.AMARESAN FOR R3 SRI.V.N.RAMESAN NAMBISAN FOR R3 SRI.PHILJO VARUGHESE PHILIPS FOR R4,5 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26460/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF DRIVING LICENCE DATED 1-8-2006 EXT.P2. TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 1-6-2009. EXT.P3. TRUE COPY OF CONTRACT CARRIAGE PERMIT DATED 2-7-2009 EXT.P4. TRUE COPY OF REQUEST DATED 8-7-2009 BEFORE 3RD RESPONDENT. EXT.P5. TRUE COPY OF RECEIPT DATED 8-7-2009 EXT.P6. TRUE COPY OF REQUEST DATED 27-8-2009 BEFORE 1ST RESPONDENT. EXT.P7. TRUE COPY OF ORDER DATED 8-8-2009 IN W.P(C)NO.22898/2009 EXT.P8. TRUE COPY OF ORDER DATED 19-8-09 IN W.P22898/09 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.26460 of 2009 ----------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph,J. Petitioner approached this court seeking police protection. The issue pertains to the dispute maintained by the petitioner for parking his autorickshaw at Ponnampara in view of Ext.P3 permit. On 18-9-2009 this court passed the following order:- “There will be a direction to the 3rd respondent to receive the fees offered by the petitioner towards parking of the vehicle at Ponnampara. There will be a direction to respondents 1 and 2 to permit the petitioner to park his vehicle as per Ext.P3 permit at Ponnampara, on payment of the fees to the Panchayat and subject to the availability of space at the parking place. It is made clear that the availability of space for parking should be decided on the basis of the space being made available as and when a vehicle or vehicles already parked at the available space moving out, on a queue basis.” Learned counsel for respondents 4 and 5 submits that it is the petitioner who does not follow the queue system and he is W.P(C)No.26460 of 2009 -:2:- often making use of this order to break the queue. We direct the Police to ensure that the queue system is properly maintained and it should be on the first come first go basis. We make it clear that the judgment as above will not stand in the way of the Panchayat making appropriate regulation in accordance with law. The writ petition is disposed of in terms of the interim order as clarified above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.26460 of 2009 ---------------------------- JUDGMENT 1st October, 2009