IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 18926 of 2011(M) ----------------------------------------- PETITIONER(S): ----------------------- 1. JEEVAN, S/O. GANGADHARAN, AGED 34 YRS, H.NO.7/402, PUNNAKKATTUTHARA HOUSE, PUTHUVYPU P.O., ELANKUNNAPPUZHA, ERNAKULAM DISTRICT. 2. KUMAR CHEKAVAR, S/O. SIDHAN, AGED 43 YEARS, RAMADIYIL HOUSE, 7/910, MURIKKUMPADOM, ELANKUNNAPPUZHA, ERNAKULAM DISTRICT. 3. JAYAN C.K., AGED 36 YEARS, S/O. KRISHNANKUTTY, CHANKARADIKKAL HOUSE, H.NO.7/831F, SOUTH PUTHUVYPU. 4. BASHIR, S/O. BAPPU, AGED 37 YEARS, KOZHIPPURATHU HOUSE, H.NO.3/771, ELANKUNNAPPUZHA, ERNAKULAM DISTRICT. 5. ANIMON, S/O.ANTONY, AGED 32 YEARS, THANIPPILLY HOUSE, H.NO.7/917 A, SOUTH PUTHUVYPU, AZHEEKKAL P.O., ERNAKULAM-682 508. 6. GILRAJ G.R., S/O. RAJU, AGED 29 YEARS, GOTHURUTHIL HOUSE, H.NO.3/655, AZHEEKKAL P.O., ERNAKULAM-682 511. 7. SIJEESH C.H., S/O. HARIDAS, AGED 23 YRS, CHENTHANGATTU HOUSE, MURIKKUMPADOM, AZHEEKKAL P.O., ERNAKULAM. 8. ANEESH, S/O. RAMADAS, AGED 38 YEARS, KANNANTHARA HOUSE, H.NO.144, ELANKUNNAPPUZHA, NORTH PARAVOOR. 9. SANTHOSHKUMAR, S/O. CHANDHU, AGED 42, KONNATTU HOUSE, THEKKEN MALIPPURAM, AZHEEKKAL P.O. 10. SABU, S/O. MICHAEL, AGED 42 YEARS, THARASSERRY HOUSE, 7/902, ELANKUNNAPPUZHA, PUTHUVYPU P.O., ERNAKULAM-682 508. 11. ROSHAN, S/O. DIVAKARAN, AGED 44 YEARS, CHIRAMMA PARAMBIL, 3/244, AZHEEKKAL P.O., ELANKUNNAPPUZHA, NORTH PARAVOOR. 12. ABHINEESH, S/O. THANKAPPAN, PANDANATT HOUSE, 3/451, ELANKUNNAPPUZHA, ERNAKULAM-682 510. 13. JAIN C.D., S/O. DIVAKARAN, AGED 45 YEARS, HOUSE NO.3/244, AZHEEKKAL P.O., ELANKUNNAPPUZHA, NORTH PARAVOOR. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ----------------------- 1. SECRETARY, REGIONAL TRANSPORT AUTHORITY, NORTH PARUR. 2. SUB INSPECTOR OF POLICE, NJARAKKAL. 3. POPPAN, VYPEEN AUTO STAND, INTUC UNION, AZHEEKKAL P.O., KOCHI-10. 4. PRATHAPAN, VYPEEN AUTO STAND, CITU UNION, AZHEEKKAL P.O., KOCHI-10. R1 & R2 BY GOVT. PLEADER SRI.C.M.CHARISMA R3 & R4 BY ADV. SRI.T.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.18926/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PERMITS ISSUED BY THE IST RESPONDENT TO THE PETITIONERS. P2:- COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.18926 of 2011 ------------------------------- Dated this the 26th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. The petitioners seek protection for parking and operating their autorikshaws from Kalamukku Junction, which is also known as Goshree Junction in Vypeen, from the threats and obstruction caused by the party respondent members of respondents 3 and 4 Unions who are also autorikshaw drivers. According to the petitioners, in the permits issued by the Regional Transport Authority, this Goshree junction is shown as the parking place for their autorikshaws (in Ext.P1 series of permits). The Goshree junction is shown as the area for parking the autorikshaws, during the course, is the submission of the learned counsel for the contesting respondents. Mr.T.Rajesh, counsel appearing for respondents 3 and 4 submitted that the mentioning of Goshree junction as the parking place for the 2 W.P.(C) No.18926 of 2011 autorikshaws of the petitioners in the permit issued to them, is unauthorised. The same was done, bye passing the provisions of Rule 344 of the Motor Vehicle Rules. In view of the assertion made by Mr.Rajesh, we directed the learned Government Pleader to seek instructions from the concerned, 1st respondent RTA, as to the statutory basis for providing details of the parking place in permits like Ext.P1 series. Today learned Government Pleader submitted that, Section 66(1) of the Motor Vehicle Act r/w Section 156 of Kerala Motor Vehicle Rules insists that, in permits issued in respect of all contract carriages the name of the parking place also should be mentioned. We are convinced that the mentioning of the Goshree junction as the parking place for the autorikshaw of the petitioners, do enable them to park their autorikshaws at Goshree junction. Hence we are inclined to grant the relief sought for. 2. There will be a direction to the 2nd respondent to afford adequate and appropriate police aid and protection to the petitioners for parking their autorikshaws and for 3 W.P.(C) No.18926 of 2011 operating their autorikshaws in Goshree junction/Kalakukku junction in terms of Ext.P1 series of permits, in case there is obstruction to the same from respondents 3 and 4 or anybody claiming under them. As for the submission of Mr.Rajesh that Ext.P1 series of permits mentioning the name of the autorikshaw stands has been issued bye passing Rule 344, we make it clear that this judgment will not stand in the way of the contesting respondents challenging the permits and mentioning of the name of the stand in the permits, in accordance with the law. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/