IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 16719 of 2009(H) -------------------------- PETITIONER(S): --------------- KERALA BUS TRANSPORT ASSOCIATION, REGISTER NO.TCR 710/2006, DOOR NO.35/1085, M.K.K.NAIR ROAD, PALARIVATTOM, KOCHI-25, REPRESENTED BY ITS GENERAL SECRETARY, P.K.NANDANAN. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE, ERNAKULAM. 3. ASSISTANT COMMISSIONER OF POLICE, TRAFFIC, ERNAKULAM. BY SR.GOVT.PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.16719 of 2009 -------------------------------------------------- Dated this the 4th day of August, 2009 JUDGMENT Kurian Joseph,J. Petitioner approached this court in public interest praying for a direction to the second and third respondents to take appropriate action on their representations. The following are the main prayers:- (a) issue a writ of mandamus or any other appropriate writ, order or direction, directing the second and third respondents not to take the stage carriages in custody during its trip without breaking the service; (b) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 2 and 3 to issue atleast 48 hours sufficient notice mentioning the offence, in case the custody of the vehicle is necessary; W.A.No. of 2009 -:2:- (c) issue a writ of mandamus or any other appropriate writ, or order, directing the second and third respondents to release the vehicle when the vehicle is taken in custody after giving notice immediately or within a time limit as prescribed by this Honourable Court. (d) issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 2 and 3 to issue receipt for the documents collected if any by the Police Officers from the crew or owner of the stage carriage. We are afraid, there cannot be any direction by this court as far as prayers, especially, (a) to (c) are concerned. We find that the petitioner has filed a detailed representation before the 3rd respondent. The learned Government Pleader submits that the 3rd respondent will look into the same with notice to the petitioner and take appropriate action in accordance with law in the matter W.A.No. of 2009 -:3:- expeditiously. The submission is recorded. Therefore, no further orders are necessary in this writ petition. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.16719 of 2009 ---------------------------- JUDGMENT 4th August, 2009