IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 28967 of 2011(U) ------------------------------------ PETITIONER: ------------------- BIJUMON THOMAS, THEKKEPARAMBIL, MUNDAKKAYAM P.O., KOTTAYAM NOW RESIDING AT CHERKONILAYA THEKKEPARAMBIL, PAMPADY, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, KOTTAYAM-PIN-686502. 2. SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, KOTTAYAM PIN-686502. 3. VISWANATHAN,KOODARAKUNNEL HOUSE, POTTANPURAM P.O., PAMPADY, CONVENER, CITU (CENTRE OF INDIAN TRADE UNION), 686502. 4. KOCHUMON, CHAROTH HOUSE, POTTANPURAM P.O., PAMPADY, CONVENER BMS UNION (BHARATH MASDOOR SANGH) 686502. R1 & R2 BY GOVERNMENT PLEADER SRI. M.K.ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 28967 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT P1: COPY OF THE DRIVING LICENCE OF THE PETITIONER. EXT P2: COPY OF THE BADGE FFOR DRIVING TAXI. EXT P3: COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE. EXT P3 (A) : COPY OF THE PURCHASE AGREEMENT OF THE PETITIONER'S VEHICLE. EXT P4: COPY OF THE REPRESENTATION SUBMITTED BY THE FATHER-IN-LAW OF THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.28967 of 2011 -------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T K.Harilal, J The petitioner is a driver by profession from Mundakkayam and now he is residing at Pampady in Kottayam District. His driving license is produced and marked as Ext.P1 and badge for driving taxi is produced and marked as Ext.P2. True copies of the registration certificate of the said vehicle and purchase agreement are produced herewith and marked as Exts.P3 and P3(a) respectively. 2. The petitioner was plying the vehicle at Mundakkayam and now he wants to ply the vehicle at Pampady. The respondents 3 and 4 have no right to obstruct the plying of the vehicle at Pampady. But the union members under the leadership of respondents 3 and 4 threatened the petitioner. On this apprehension this writ petition is filed seeking police protection to ply the vehicle without interference of the members of CITU and BMS under the leadership of respondents 3 and 4, respectively. Eventhough notice was issued against respondents W.P(C) No.28967 of 2011 2 3 and 4, they have not entered into appearance. Thus the allegation in the writ petition stands unchallenged. 3. The petitioner has the right to ply his vehicle at Pampady provided that he shall obtain permit from the local authority, if required. Therefore we grant police protection to ply the vehicle at Pampady subject to the condition that the petitioner shall obtain necessary permit from the local authority if it is required. The 2nd respondent is directed to provide adequate police protection to the petitioner to ply his vehicle No.KL-34-A-5315 from Pampady auto stand subject to the conditions as stated above. The Writ Petition is disposed of. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K.HARILAL JUDGE //True Copy// P.A to Judge ab W.P(C) No.28967 of 2011 3