IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 18392 of 2011(Y) --------------------------------------- PETITIONERS: --------------------- 1. ANSON K. THOMAS, AGED 26, S/O. THOMAS, KELARKUDI HOUSE, MALAYANKEEZHU, KOTHAMANGALAM. 2. CLEETUS CHACKO, KAVALAMAICKAL, MALAYANKEEZHU, KOTHAMANGALAM. 3. DAYAKS GEORGE, PALLIKUNNEL, PERUMANNUR, KOTHAMANGALAM. 4. JOMISH.A.G, KELAMKUNNEL, NADUKANI, KOTHAMANGALAM. 5. JIBI THOMAS, ATHINATTUKUDIYIL, RAMALLUR, KOTHAMANGALAM. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI. M.P. PRASANTH. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM – 686 691 2. P.V. JOY, CONVENOR, C.I.T.U, MALAYANKEEZHU AUTORICKSHAW STAND COMMITTEE, KOTAHAMGNALAM – 686 691. 3. K.V. THOMAS, KUDIYATHIL HOUSE, MALAYNKEEZHU, KOTHAMANGALAM – 686 691. W.P.(C). NO.18392/2011-Y: 4. KOTHAMANGALAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTHAMANGALAM – 686 691. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. R1 & R5 BY GOVT. PLEADER SMT. CHARISMA, R4 BY ADV. SRI.PEEYUS A.KOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18392/2011-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LIST OF PERSONS AND VEHICLES INCLUDED IN THE MALAYANKEEZHU STAND. EXT.P.2: COPY OF THE COMPLAINT GIVEN BY THE PETITIONERS DTD. 05/07/2011. EXT.P.3: COPY OF THE DRIVING LICENCE OF THE P.1. EXT.P.3.A: COPY OF THE DRIVING LICENCE OF THE P.2. EXT.P.3.B: COPY OF THE DRIVING LICENCE OF THE P.3. EXT.P.3.C: COPY OF THE DRIVING LICENCE OF THE P.4. EXT.P.3.D: COPY OF THE DRIVING LICENCE OF THE P.5. EXT.P.4: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE DRIVEN BY THE P.1. EXT.P.4.A: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE DRIVEN BY THE P.2. EXT.P.4.B: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE DRIVEN BY THE P.4. EXT.P.4.C: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE DRIVEN BY THE 5TH PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.18392 of 2011 ------------------------------------------- Dated this the 18th day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioners, who are autorikshaw drivers desirous of plying their autorikshaws from Malayinkeezhu autorikshaw Stand within the area of Kothamangalam Municipality(Stand No.13), have approached this court complaining that respondent Nos. 2 and 3, who are sympathizers of the CITU, are preventing them from parking their vehicles in Stand No.13 and also from plying their vehicles within the area of Kothamangalam Municipality. Now the 2nd respondent has filed a counter affidavit wherein it is contended that the petitioners are not autorikshaw drivers. The petitioners are raising unmerited claims at the instance of the INTUC trade union to which they belong. They also denied the allegation that a group of persons led by respondents 2 and 3 (themselves) are W.P.(C).18392/11 -2- preventing the petitioners from plying their autorikshaws from Malayinkeezhu autorikshaw stand. It is contended that the petitioners did not come to Malayinkeezhu stand for running their autorikshaws and hence there was no chance for respondents to obstruct them. According to them only the persons shown as serial Nos.1 to 35 mentioned in Ext.P1 are authorised autorikshaw drivers entitled to ply from Malayinkeezhu stand. The petitioners whose names are shown as serial Nos.35 to 39 are unauthorised persons. Sri. Peeyus A. Kottam, who entered appearance on behalf of the 4th respondent Municipality submitted that petitioners' names and the autorikshaws of the petitioners are also included among the drivers/ autorikshaws allowed in Stand No.13. Learned Government Pleader on instructions from the concerned police respondents submitted that police is willing to offer protection for all autorikshaw drivers and vehicles which are permitted by the municipal authorities. 2. Having considered the stand taken by the W.P.(C).18392/11 -3- respondents and the submissions addressed at the bar we are of the view that situation warrants issuance of directions sought for by the petitioners. Hence we allow the writ petition and direct the 1st respondent to provide sufficient and adequate protection to the petitioners and to their autorikshaws in the matter of plying the same from Malayinkeezhu stand under Kothamangalam Municipality if such plying is obstructed by respondent Nos. 2 and 3 and or for that matter by anybody else. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb