IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 191 of 2009(W) ------------------------------------ PETITIONERS: --------------------- 1. THRISSUR DISTRICT PRIVATE BUS OPERATOR'S ASSOCIATION, WEST PALACE ROAD,THRISSUR -680 020, REPRESENTED BY ITS SECRETARY, ANTO FRANCIS. 2. THRISSUR ZILLA PRIVATE BUS OPERATORS WELFARE ORGANIZATION, SHAKTHAN THAMPURAN BUS STAND, THRISSUR, REPRESENTED BY ITS GENERAL SECRETARY, M.G.PARAMESWARAN. 3. THRISSUR - KANHANI THEERA DESA MEKHALA BUS OPERATORS, UNION, IIND FLOOR, MECHERY SHOPPING CENTRE, P.O.,KANHANI - 680 612, REPRESENTED BY ITS PRESIDENT K.R.SURENDRAN. BY ADVS. SMT.SUMATHY DANDAPANI (SR.), SRI.MILLU DANDAPANI. RESPONDENTS: ----------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, WEST POLICE STATION, ANTHIKKAD, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, ANTHIKKAD,THRISSUR. 4. BUS THOZHILALI SAHAYA SAMITHI, KANHANI UNIT, 2ND FLOOR ,MECHERY SHOPPING CENTRE, P.O.KANHANI 680 612, REPRESENTED BY ITS PRESIDENT, SHRI PRAVIL. W.P.(C). NO.191/2009-W: 5. SHRI C.K.RADHAKRISHNAN, S/O. KUNJAPPU, CHOMMATTIL HOUSE, P.O.KANDASSANKADAVU, THRISSUR. R1 TO R3 BY GOVT. PLEADER SRI. BENJAMIN PAUL, R4 & R5 BY ADVS. SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.191/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 17/07/2008, UBMITTED BY THE P.2. BEFORE THE R.3. EXT.P.2: COPY OF THE NOTICE DTD. 14/08/2008 ISSUED AT THE INSTANCE OF VARIOUS TRADE UNIONS AT THRISSUR DISTRICT, REFERRED TO IN THE WRIT PETITION (CIVIL). EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. BEFORE DISTRICT COLLECTOR, THRISSUR, WITH COPIES TO RESPONDENTS 1 TO 3 ON 06/10/2008. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R.1. ON 22/10/2008, REFERRED TO IN THE WRIT PETITION (CIVIL). RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE REGISTRATION CERTIFICATE OF THE R.4. SAMITHI. EXT.R4.B: COPY OF THE BYE-LAW OF THE R.4. SAMITHI. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C)No.191 of 2009 ------------------------------------- Dated 12th January, 2009 JUDGMENT Koshy, Ag.C.J . Petitioners are bus operators. It is the contention of the petitioners that fourth respondent Samithi is collecting Rs.10/= from each operator who touches Kanhani Bus Stand. According to them, the above collection is illegal and police should give adequate protection to the operators belonging to the petitioners organisations. 2. A counter affidavit is filed stating that fourth respondent is a registered society. It is submitted that they are collecting the amount only from the members of the society and the daily subscription amount is Rs.10/=. It is also submitted that several conductors, drivers and cleaners are members of the society. They are voluntarily giving the amount and no amount is collected from the bus operators. The amount collected from the members of the society is not from the account of the bus owners. W.P.(C)No.191/2009 2 3. In the above circumstances, police is directed to see that no amount is collected from the bus operators by the fourth respondent or any other person. If any of the employees are giving the amount voluntarily, this order will not be applicable. The writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks