IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 7663 of 2010(G) ------------------------- PETITIONER: --------------- GEORGE, S/O.KURIAKOSE, 6/385, NEDUVELIL HOUSE, CUMBUMMETTU P.O., KARUNAPURAM. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, CUMBUMMETTU POLICE STATION, IDUKKI DISTRICT. 3. ANEESH, SECRETARY, DRIVERS UNION , C.I.T.U., KIZHAKKAKUTHU, CUMBUMMETTU. 4. MANOJ, SECRETARY, DRIVERS UNION, I.N.T.U.C., VADAKKAL, CUMBUMMETTU P.O. BY G.P., SRI. T K VIPINDAS, FOR R1 & R2. SRI.LATHEESH SEBASTIAN FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF AUTORIKSHAW KL-37/8667 EXT.P2 : TRUE COPY OF THE REGULAR PERMIT ISSUED IN RESPECT OF AUTORIKSHAW KL-37/8667 VALID FROM 8.2.10 TO 7.2.15. EXT.P3 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 2.3.2010. RESPONDENTS EXHIBIT : NIL K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 7663 of 2010 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the second respondent to afford necessary and adequate police protection removing the illegal and unauthorised obstruction causing by respondents 3 and 4 and their supporters for the operation of the autorikshaw KL-37/8667 by parking at Cumbummettu in accordance with Ext.P2 permit. ii) to declare that respondents 3 and 4 and their supporters have no right or authority to interfere or obstruct the operation of the petitioner's autorikshaw KL-37/8667 by parking at W.P.(C).No. 7663 of 2010 2 Cumbummettu in accordance with Ext.P2 permit issued to him by the authorities.” 2. Briefly the case of the petitioner is as follows. The petitioner purchased a passenger autorickshaw . It was registered as KL-37/8667. Ext.P2 is the permit. As per Ext.P2, he has to park his vehicle at Cumbummettu. There is obstruction from respondents 3 and 4, who are Secretaries of the Drivers Union of C.I.T.U. and I.N.T.U.C. 3. A counter affidavit has been filed by respondents 3 and 4. 4. We heard learned counsel for the petitioner, learned counsel for respondents 3 and 4 and the learned Government Pleader. 5. After having heard the learned counsel for the parties, we are of the view that respondents 3 and 4 cannot obstruct the petitioner from parking the autorickshaw at the place mentioned in Ext.P2 permit. There may be over crowding. But as long as the condition in Ext.P2 is not varied, respondents 3 and 4 cannot obstruct the petitioner. W.P.(C).No. 7663 of 2010 3 6. Accordingly we dispose of this Writ Petition directing the second respondent to afford adequate protection to the petitioner against any obstruction from respondents 3 and 4 for the operation of autorickshaw KL-37/8667 by parking it at Cumbummettu, in accordance with Ext.P2 permit. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm