IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 12654 of 2011(F) --------------------------------- PETITIONER(S): ------------------- 1. RAJESH.S.S., AGED 32 YEARS, DRIVER, S/O.SREENIVASAN, PUTHENVILA VEEDU, T.C.1/1311, POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 2. RAGESH. H, AGED 31 YEARS, DRIVER, S/O.HAJI KUMAR, PUTHENVILA VEEDU, POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 3. SIVA KUMAR.B., AGED 43 YEARS, DRIVER, S/O.BALAKRISHNAN, PUTHENVILA VEEDU, POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 4. SURESH KUMAR.S.K., AGED 36 YEARS, S/O.SREEKANTAN NAIR, 'GEETHA NIVAS', T.C.12/1603, THURUVAKKAL P.O., MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 031. 5. SURESH KUMAR.R, AGED 34 YEARS, S/O.RAMACHANDRAN, PLAVILA VEEDU, T.C. 1/1360, POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 6. RAJESH.P., AGED 42 YEARS, S/O.PRABHA, SILPPALAYAM, (SRA - 79), THURUVAKKAL P.O., COLLEGE, THIRUVANANTHAPURAM - 695 031. BY ADVS. SRI.VENJARAMOODU ZAKEER HUSAIN SRI.THIRUMALA P.K.MANI svs ...........2/-... ...2... WPC.NO.12654/2011 RESPONDENT(S): -------------------- 1. KRISHNAN KUTTY, AGED 46 YEARS, DRIVER, S/O.SADASIVAN, KP 9/269, KANNAMMOOLA, HARIJAN COLONY, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 2. ANEESH KUMAR.A.G., AGED 31 YEARS, DRIVER, S/O.ASOK KUMAR, KP 315, CHENNILODE COLONY, POONTHY ROAD, KUMARAPURAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM - 695 011. 3. BINURAJ.T., KUNNUMPURATH VEEDU, MEDICAL COLLEGE, THIRUVANANTHAPURAM : 695 011. 4. CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM - 695 011. 5. CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM - 695 011. R1 TO R3 BY ADV. SRI.LATHEESH SEBASTIAN R4 & R5 BY GOVT.PLEADER SRI.M.P.SREEKRISHNA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.12654/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE R.C.BOOK OF THE VEHICLE BEARING REG.KL-04 M 9467. P1(a):COPY OF THE DRIVING LICENCE OF THE 1ST PETITIONER. P1(b):COPY OF THE PERMIT OF THE VEHICLE BEARING REG.NO.KL-4 M 9467 P2: COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG.NO.KL-04 AW3453. P2(a):COPY OF THE DRIVING LICENCE OF THE 2ND PETITIONER. P2(b):COPY OF THE PERMIT THE VEHICLE BEARING REG.NO.KL-04 AW 3453 P3: COPY OF THE R.C. BOOK OF VEHICLE BEARING REG.NO.KL-02 L-3418. P3(a):COPYOF THE DRIVING LICENCE OF THE 3RD PETITIONER. P3(b):COPY OF THE PERMIT OF VEHICLE NO.KL-02 L-3418. P4: COPY OF THE R.C. BOOK OF VEHICLE BEARING REG.KL-01 AP-4071. P4(a):COPY OF THE DRIVING LICENCE OF THE 4TH PETITIONER. P4(b):COPY OF THE PERMIT THE VEHICLE BEARING REG.NO.KL-01 AP 4071 P5: COPY OF THE R.C.BOOK OF THE VEHICLE BEARING REG.KL-02 R-4134. P5(a):COPY OF THE DRIVING LICENCE OF THE 5TH PETITIONER. P5(b):COPY OF THE PERMIT THE VEHICLE BEARING REG.NO.KL-02 R-4134 P6: COPY OF THE R.C. BOOK OF THE VEHICLE BEARING REG.KL-01-4041. P2(a):COPY OF THE DRIVING LICENCE OF THE 6TH PETITIONER. P2(b):COPY OF THE PERMIT THE VEHICLE BEARING REG.NO.KL-01-4041. P7: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 4TH AND 5TH RESPONDENTS DATED 11/03/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C)No. 12654 OF 2011 --------------------------------------------- Dated this the 10th day of May, 2011 J U D G M E N T Petitioners are drivers of Tourist Taxis, operating from a taxi stand at Kumarapuram. According to the petitioners, recently respondents 1 to 3 and some other persons, who are supporters of Marxist party have formed an association by name “Swathanthra Drivers Welfare Association”. It is the case of petitioners that, the party respondents have threatened them, that unless they pay an amount of Rs.5,000/- each to the aforesaid association, they will not be permitted to operate their Taxis from the taxi stand. They complained to the police, but no help was given to them. It is in these circumstances this writ petition was filed praying for the following:- “(i) Issue a Writ of Mandamus or any other appropriate writ or order commanding the Respondents 4 and 5 to render sufficient and adequate police protection to the petitioners to park their vehicle on the left side of the Murinjapalam – Kumarapuram Road, near the Institution GUILD OF SERVICE, KUMARAPURAM, and operate taxi service at Kumarapuram, Thiruvanathapuram and to the lives of the petitioners.” W.P.(C).No. 12654 OF 2011 2 2. Respondents 1 to 3 have entered appearance and have filed counter affidavit. Though they accept that the Association was incorporated by them, they have denied the allegation that they threatened the petitioners as alleged by them. 3. If as stated by the petitioners, they are taxi operators, they are entitled to continue their operations. Now that the respondents have denied the allegation that they had threatened the petitioners demanding payment to the association mentioned above, we record the aforesaid submission and direct that in the event, there is any threat as alleged by the petitioners, it will be open to the petitioners to approach the 5th respondent, in which event, the 5th respondent shall provide adequate and effective police protection enabling the petitioners to operate their taxis from the taxi stand mentioned above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE M.L.JOSEPH FRANCIS, JUDGE dmb