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 FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 34636 of 2008(W) ---------------------------------------- PETITIONER: ------------------- ALEXANDER JOHN, PAZHOORAKATHU, KARIPOOTHITTA.P.O, KOTTAYAM. BY ADV. SRI.FEBIN J.VELUKARAN RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM. 3. SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, GANDHINAGAR.PO, KOTTAYAM. 4. THE REGIONAL TRANSPORT OFFICER, R.T.OFFICE, KOTTAYAM. 5. THE ARPOOKARA GRAMA PANCHAYATH, REP.BY ITS SECRETARY, VILLOONNI POST, ARPOOKARA, KOTTAYAM. 6. TOURIST TAXI DRIVERS UNION, (CITU), REPRESENTED BY ITS SECRETARY JAYAN, KODOPARAMBIL HOUSE, ARPOOKKARA EAST.P.O, KOTTAYAM. 7. JOSE GEORGE, S/O.VARKEY, MEMBER, TOURIST TAXI DRIVERS, UNION (CITU),MANNOOSSERRY HOUSE, MANNANAM.P.O, KOTTAYAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV. SRI.T.A.SHAJI FOR R6 & R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34636 OF 2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DRIVING LICENCE AND THE ENDORSEMENT SHOWING DETAILS OF THE BADGE THEREIN EXT.P2 TRUE COPY OF THE PERMIT, CERTIFICATE OF REGISTRATION, ROAD TAX RECEIPT AND CERTIFICATE OF INSURANCE OF PASSENGER CARRYIG VEHICLE EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE DRIVERS UNION (INTUC) DATED 26/09/08 EXT.P4 TRUE COPY OF THE POLICE COMPLAINT DATED 13/10/08 AND THE RECEIPT ISSUED THEREIN EXT.P5 TRUE COPY OF THE POLICE COMPLAINT DATED 18/11/08 EXT.P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No.25304/08 / TRUE COPY / J.B.Koshy, Ag.C.J. & V.Giri, J. ------------------------------------------ W.P.(C).No.34636 of 2008 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. This is a petition for police protection. Petitioner is plying his taxi jeep in and around the Medical College, Kottayam. According to him, he is doing the same for more than 14 years. The complaint of the petitioner is that respondents 6 and 7 unions are now obstructing the parking of his jeep in the stand belonging to the 5th respondent Grama Panchayat. Police or the local authority cannot reserve a particular place for parking of jeeps for any union or its members. Our Constitution protects the right to profession and trade. The taxi drivers can join any of the unions of their choice and a person can work without joining any union also. 2. Learned Government Pleader submitted that petitioner changed his membership from CITU and joined another union. Loyalty to any party or any union is not a ground to disallow the right of parking. He was parking his taxi and conducting his taxi service from the stand. There is no provision in the Motor Vehicles Act or W.P.(C) No.34636 of 2008 2 any other law for reserving a parking stand for a particular party or union. If the union wants an exclusive parking place for the taxies driven by its members, it has to purchase land or obtain land in their name. Therefore, police protection should be given to the petitioner to park his taxi jeep. Nobody can obstruct him merely because he is shifted to any particular union. Police should see that no parking place is reserved for any union and no obstruction should be caused to the petitioner in parking his jeep in the area in question and he shall not be threatened by anybody because of the parking of his jeep. Writ petition is disposed of as above. J.B.Koshy, (Ag. Chief Justice) V.Giri, (Judge) vns