Kerala High Court
Sarath M.S vs State Of Kerala on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
W.P.(C) No.1108 OF 2021(K)
PETITIONER:
SARATH M.S.,
AGED 34 YEARS, S/O.SARNGADHARAN,
SARATH BHAVAN,
AGASTHYACODE, ANCHAL P.O.,
KOLLAM DISTRICT, PIN-691 306,
MOB NO. 7944281443.
BY ADVS.
SRI.K.G.RADHAKRISHNAN
SRI.R.S.MAHESH KRISHNA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
(HOME AFFAIRS), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT POLICE CHIEF (KOLLAM RURAL),
KOTTARAKARA P.O, KOLLAM DISTRICT-691 506.
3 BINU SATHYAN,
ELEVILAVEEDU,
AGASTHYACODE, ANCHAL P.O.,
KOLLAM DISTRICT, PIN-691 306.
4 BINU RAJAN,
PUTHENVILA VEEDU,
AGASTHYACODE, ANCHAL P.O.,
KOLLAM DISTRICT, PIN-691 306.
*ADDL. R5 THE INSPECTOR STATION HOUSE OFFICER,
ANCHAL POLICE STATION, ANCHAL.P.O.,
KOLLAM DISTRICT, PIN-691 306.
* (ADDL.R5 SUO MOTU IMPLEADED AS PER ORDER DATED
15-1-2021 IN W.P.(C).
W.P.(C) No.1108 OF 2021(K)
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**ADDL. R6 THE ANCHAL GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY,
ANCHAL GRAMA PANCHAYAT, ANCHAL.P.O.,
KOLLAM DISTRICT-691 306.
** (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 4-2-2021
IN I.A.NO.1/2021).
R3&R4 BY ADV. SRI.S.SUNIL KUMAR (PALAKKAD)
R3&R4 BY ADV. SRI.V.RENJITH
R6 BY SHRI.C.J.JOY, SC,ANCHAL GRAMA PANCHAYAT
R1,R2, SRI.SUNIL NATH N.B., GOVERNMENT PLEADER
ADDL.R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.1108 OF 2021(K)
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JUDGMENT
The petitioner, who is a driver by profession, who is running
a driving school at Agasthyacode in Kollam District, has filed this
writ petition seeking a writ of mandamus commanding
respondents 1 and 2 to provide adequate police protection to the
life and property of the petitioner and for other consequential
reliefs.
2. On 15.01.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission for respondents 1, 2 and 5. Urgent notice on admission
by speed post was ordered to respondents 3 and 4, returnable
within two weeks. The learned Government Pleader was directed
to get instructions from respondents 3 and 5. The 5th respondent
Station House Officer of Anchal Police Station was directed to
ensure that there is no threat to law and order in the locality, at
the instance of respondents 3 and 4.
3. On 27.01.2021, respondents 3 and 4 have filed counter
affidavit opposing the reliefs sought for in this writ petition. Along
with the memo filed by the learned Government Pleader dated
02.02.2021, the report of the additional 5 th respondent Station
House Officer is placed on record. On 15.02.2021, the learned
W.P.(C) No.1108 OF 2021(K)
Standing Counsel has filed a statement on behalf of the additional
6th respondent Anchal Grama Panchayat.
4. Heard the learned counsel for the petitioner, the
learned Government Pleader appearing for respondents 1 and 2
and additional 5th respondent, the learned counsel for respondents
3 and 4 and also the learned Standing counsel for the additional
6th respondent Grama Panchayat.
5. The petitioner is running a motor driving school at
Agasthyacode, by giving practical training to the students for
appearing in the driving test at A.K.G. Memorial Stadium,
Agasthyacode, which is owned and maintained by the Anchal
Grama Panchayat. The grievance of the petitioner is that the 3 rd
and 4th respondents along with their supporters are causing threat
to the life and property of the petitioner due to previous enmity
and in furtherance of common intention. Pointing out the incidents
that happened on 07.12.2020 and 09.12.2020, the petitioner
submitted Ext.P1 representation dated 10.12.2020 before the 2 nd
respondent District Police Chief, Kollam Rural, seeking police
protection to the life and property of the petitioner and also to
take action against respondents 3 and 4.
W.P.(C) No.1108 OF 2021(K)
6. In the counter affidavit filed by respondents 3 and 4, it
is stated that Anchal Grama Panchayat has given permission to
the Regional Transport Officer, Punalur, for conducting driving test
at A.K.G. Memorial Stadium. Private driving schools like that
owned by the petitioner are giving practical training to students
appearing for the driving test in that public playground, daily from
5.30 a.m. onwards. The children in and around Anchal Grama
Panchayat have no other playground. The general public preferred
mass petition before the Grama Panchayat against the illegal acts
of private driving schools. In the counter affidavit, respondents 3
and 4 have denied the allegations raised in paragraph 4 of the writ
petition regarding the alleged attack.
7. In the statement filed on behalf of the additional 6 th
respondent Grama Panchayat, it is stated that A.K.G. Memorial
Stadium is being used as a playground for different sections of the
society and also for other purposes. With the permission of the
Grama Panchayat, driving schools are using the stadium for giving
practical training to students. Permission has also been granted to
the Regional Transport Officer, Punalur for conducting driving test.
An Anganwadi is also functioning adjacent to the stadium from
W.P.(C) No.1108 OF 2021(K)
10.00 a.m. to 4.00 p.m. and the infants are using the stadium as
their playground. The Panchayat has permitted driving schools to
give driving lessons to give practical training to their students in
the stadium till 10.00 a.m., on the dates on which no driving tests
are conducted by the Regional Transport Officer. The petitioner
and the driving school owners started using the stadium beyond
the permitted hours, which resulted in widespread protest from
public, as it may endanger the safety of the infants. This led to
difference of opinion between the owners of the driving school and
the general public. Therefore, the Panchayat Committee
considered the mater in its meeting held on 29.01.2021 and
passed Annexure R6(a) resolution laying down the following
norms for user of stadium by different sections of the society;
No. Between Permitted activity
i 5.00 a.m. to 7.30 a.m. For physical training
for the public including
children.
ii 8.00 a.m. to 10.00 am For driving schools to
give training to their
students.
iii 2 days in a week For conducting
driving tests by the
RTO.
iv Panchayat will be free to temporarily stop all
other activities at any time in order to conduct its
official functions.
W.P.(C) No.1108 OF 2021(K)
8. As per the statement filed on behalf of the 6 th
respondent Grama Panchayat, the petitioner as well as the other
driving schools will be free to impart driving lessons to their
students between 8.00 a.m. to 10.00 a.m. on all days, except
those days on which there will be driving test conducted by the
Regional Transport Officer, Punalur and when the stadium is
required by Panchayat to conduct its official functions. In the said
statement, it has been stated that the Panchayat has no interest
in the matter other than the beneficial use of the stadium by all
sections of the society, safety of the infants of the Anganwadi and
existence of law and order and harmony in the society.
9. In the report filed by the additional 5 th respondent
Station House Officer, it is stated that the petitioner submitted
Ext.P1 representation dated 10.12.2020 before the 2 nd respondent
District Police Chief, Kollam Rural, alleging that the 3 rd and 4th
respondents threatened him on 07.12.2020 and 09.12.2020 at
A.K.G. Memorial Stadium. The petitioner is conducting practical
test in the stadium, with the permission of the Grama Panchayat.
The Panchayat has also granted permission to the children of the
surroundings to play in that ground. On 07.12.2020 and
W.P.(C) No.1108 OF 2021(K)
09.12.2020, the petitioner reached the stadium with students and
vehicles for practical test, at early morning, while the children
were playing there. The neighbours namely, the 3 rd and 4th
respondents, questioned the petitioner for violating the permission
granted by the Panchayat. There was only an oral exchange
between the parties. Ext.P1 representation made by the petitioner,
before the 2nd respondent District Police Chief, was forwarded to
Anchal Police Station for enquiry and report. The additional 5 th
respondent warned respondents 3 and 4 not to repeat any
incidents against the petitioner. The additional 5 th respondent has
also denied the allegations leveled against him.
10. In exercise of the powers under Section 118 of the
Motor Vehicles Act, 1988 and in supersession of the Rules of Road
Regulations, 1989, the Central Government made the Motor
Vehicles (Driving) Regulations, 2017. Regulation 5 deals with
duties of drivers and riders. As per clause (4) of Regulation 5, the
driver and the riders shall take special care and precautions to
ensure the safety of the most vulnerable road users such as
pedestrians, cyclists, children, elderly and the differently-abled
persons. As per clause (5) of Regulation 5, the driver shall ensure
W.P.(C) No.1108 OF 2021(K)
that his vehicle, while moving or when stationary does not cause
any hindrance or undue inconvenience to other road users or to
occupants of any property.
11. In the instant case, when the petitioner and others
used A.K.G. Memorial Stadium owned and managed by additional
6th respondent Grama Panchayat for giving practical training to
their students appearing for the driving test, while the children in
the locality were playing, it was questioned by respondents 3 and
4, who are the neighbours. Going by the statement filed by the
additional 6th respondent, the said playground is also used by the
infants of the Anganvadi, which is functioning adjacent to that
stadium.
12. Plying vehicles in A.K.G. Memorial Stadium, for giving
practical training to the students appearing for the driving test,
while the children in the locality and the infants of the nearby
Anganvadi are using that playground will be in violation of clause
(4) of Regulation 5 of the Motor Vehicles (Driving) Regulations.
Therefore, when there is any protest or obstruction from the local
residents, on account of the use of the stadium for giving practical
training to the students, while the children and infants are using
W.P.(C) No.1108 OF 2021(K)
that playground, the petitioner cannot seek police protection,
invoking the writ jurisdiction of this Court under Article 226 of the
Constitution of India.
13. As already noticed hereinbefore, in the statement filed
on behalf of the additional 6th respondent Grama Panchayat, it is
stated that the A.K.G. Memorial Stadium is open for driving
schools to give training to their students between 8.00 am to
10.00 am, subject to the conditions stipulated in Annexure R6(a)
resolution taken on 29.01.2021.
In such circumstances, this writ petition is disposed of by
recording the aforesaid stand taken by the additional 6 th
respondent Grama Panchayat.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
W.P.(C) No.1108 OF 2021(K)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SUBMISSION TO THE 2ND
RESPONDENT DATED 10.12.2020.
EXHIBIT P2 TRUE PHOTOCOPY OF THE BOARD ERECTED IN
FRONT OF GATE IN THE OPEN GROUND OF THE
PANCHAYAT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE POSTERS EXHIBITED
IN THE AREA.
RESPONDENTS' EXHIBITS:
ANNEXURE R6(A) TRUE COPY OF THE RESOLUTION NO.VI(5)
DATED 29.01.2021 PASSED BY THE COMMITTEE
OF 6TH RESPONDENT GRAMA PANCHAYAT.
