IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 35530 of 2009(I) ------------------------------------- PETITIONER: ------------------- RAJAPPAN . M.A. S/O. ACHUTHAN, MANJADIYIL HOUSE, POTHENPURAM P.O., PAMPADY, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMET,DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE,PAMPAPDY POLICE STATION, PAMPADY, KOTTAYAM DISTRICT. 3. TAXI DRIVERS UNION (CITU) PAMPADY UNIT, REPRESENTED BY ITS CONVENER RAJAN BABU, PADIKKAVAYALIL HOUSE, VELLOOR P.O., PAMPADY, KOTTAYAM. 4. TAXI UNION NO.323/81 (INTUC),PAMPADY UNIT, REPRESENTED BY ITS CONVENER BINU P.JACOB, MATTEL HOUSE, SOUTH PAMPADY P.O.,KOTTAYAM. 5. PAMPADY GRAMA PANCHAYAT, PAMPADY, KOTTAYAM, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER ST. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35530/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DRIVING LICENCE AND THE BADGE OF THE PETITIONER. EXT.P.2: COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE NUMBER KL-07/R-3034. EXT.P.3: COPY OF THE CONTRACT CARRIAGE PERMIT FOR THE ABOVE VEHICLE ISSUED BY THE MOTOR VEHICLES DEPARTMENT ON 04/11/2009. EXT.P.4: COPY OF THE TAX RECEIPT. EXT.P.4.A: COPY OF THE POLLUTION UNDER CONTROL CERTIFICATE. EXT.P.5: COPY OF THE COMPLAINT TO THE R.2. FILED BY THE PETITIONER ON 01/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.35530 of 2009 ------------------------------------------- Dated this the 11th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition claiming police protection against the culpable and violent acts of respondents 3 and 4. The petitioner is duly licenced to drive a taxi. Respondents 3 and 4 are obstructing the peaceful plying of the vehicle and the parking of the said vehicle. It is with these allegations that the petitioner came to this Court. 2. When this petition was admitted on 9.12.2009, the Bench which dealt with the matter passed the following order. “There will be an interim order as prayed for. However it is made clear that the liberty to park the vehicle in the Taxi Stand, Pampady is subject to the availability of the space in the stand, on the basis of priority of first come first served”. 3. The interim order is passed on 9.12.2009. The learned Government Pleader submits that the interim order has been in force and at the moment there is no WPC No.35530/2009 2 threat. 4. The learned counsel for the petitioner submits that the interim order passed by this Court may be made absolute and this proceedings may be closed. 5. The learned Government Pleader accepts the request. We are satisfied that the said request can be accepted. Service on respondents 2,3,4 and 5 has been effected, but there is no appearance for them. We are satisfied that the prayer of the petitioners, endorsed by the learned Government Pleader, can be accepted. 6. In the result, a) This petition is allowed. b) The impugned order dated 9.12.2009 extracted above is made absolute. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/