Rajan G vs The State Of Kerala
2021 Latest Caselaw 13544 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                  WP(C) NO. 28789 OF 2019
PETITIONERS:

    1    RAJAN G,
         AGED 44 YEARS
         ROHIT TRAVELS AND TRANSPORTS, ANCHAMADA,
         VATTIYYOORKKAVU, THIRUVANANTHAPURAM.
    2    SHERLY JOHN,
         AGED 999 YEARS
         W/O RAJAN G,ROHIT TRAVELS AND TRANSPORTS,
         ANCHAMADA, VATTIYYOORKKAVU, THIRUVANANTHAPURAM.
         BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
         SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001.
    2    THE COMMISSIONER OF POLICE,
         THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM-695
         014.
    3    THE SUB INSPECTOR OF POLICE,
         VATTIYOORKAVU POLICE STATION, VATTIYOORKAVU,
         THIRUVANANTHAPURAM-695 013.
    4    GENERAL SECRETARY,
         TRIVANDRUM DISTRICT BUS TRANSPORT WORKERS UNION
         (CITU), SHAMKHOLI, ELAMKULAM. SREEKARIYAM
         P.O.THIRUVANANTHAPURAM-695 017.
    5    JYOTHISH KUMAR,
         JYOTHISH BHAVAN, MOONNUMUKKU P.O.CHIRAYINKEEZHU,
         THIRUVANANTHAPURAM-695 551.
    6    ANEESH,
         MADATHIKONAM HOUSE, VIRANAKAVU
         P.O.KURAVANKOTTUKONAM, THIRUVANANTHAPURAM-695 572.
 W.P.(C).No.28789/2019

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    7     SREEJU,
          C/O AJITHLAL, GENERAL SECRETARY, TRIVANDRUM
          DISTRICT BUS TRANSPORT WORKERS UNION, SHAMKHOLI,
          ELAMKULAM, SREEKARIYAM P.O.THIRUVNANTHAPURAM-695
          017.
    8     DISTRICT LABOUR OFFICER,
          LABOUR BHAVAN, VIKAS BHAVAN
          P.O.THIRUVANANTHAPURAM-695 033.
          R4 TO R7 BY SRI.THOMAS ABRAHAM
          SRI.ASWIN.P.JOHN
          SRI.R.ANANTHAPADMANABAN
          R1 TO R3 & R8 BY SRI.N.B.SUNIL NATH, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.28789/2019

                                              3



                        P.V.KUNHIKRISHNAN, J.
                          -------------------------------
                        W.P.(C).No.28789 of 2019
                  ----------------------------------------------
                 Dated this the 01st day of July, 2021


                                    JUDGMENT

This writ petition is filed with following prayers:

i. to declare that the respondents 4 to 7 and their supporters have absolutely no right or authority to obstruct the operation of the petitioners' vehicles KL- 16/E 90, KL-01/BT 2010 and KL-01/ AS 4707 to conduct service,

ii. to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 2 and 3 to afford necessary and adequate police protection for operation of petitioners stage carriages on the permitted route, by removing the illegal and unauthorized obstruction causing by the respondents 4 to 7 and their supporters, forthwith, in the interest of justice,

iii. to issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.

2. When this writ petition came up for consideration W.P.(C).No.28789/2019

before this Court on 28.10.2019, this Court passed the following

order:

"Admit.

Government Pleader takes notice for respondents 1 to 3 and 8. Issue notice by special messenger to respondents 4 to 7.

Pending disposal of the writ petition, respondents 2 and 3 shall afford protection to the petitioners for operating the stage carriages referred to in the writ petition, provided the petitioners have valid permits for the operation of the same."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioners submitted that,

even now, the proceedings initiated as per Ext.P5 is pending

before the 8th respondent. The counsel submitted that, retaining

the interim order, there may be a direction to the 8 th respondent

to complete the proceedings initiated as per Ext.P5. The

Government Pleader submitted that if such a proceedings is

pending before the 8th respondent, the 8th respondent will do the

needful. The Government Pleader also submitted that if there is

any law and order issue, the Police will do the needful in

accordance to law.

In the light of the above submissions, this writ petition W.P.(C).No.28789/2019

disposed, retaining the interim order, with following further

directions:

1. If there is any law and order issue, the petitioners

are free to approach the 3rd respondent with a

complaint.

2. If such a complaint is received, the 3rd

respondent will do the needful in accordance to

law.

3. The 8th respondent will complete the enquiry

initiated as per Ext.P5, as expeditiously as

possible, at any rate, within a period of four

months from the date of receipt of a copy of this

judgment.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.28789/2019

APPENDIX OF WP(C) 28789/2019

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE PERMIT IN RESPECT OF KL-16/E 90 VALID TILL 29.6.2020 EXHIBIT P2 TRUE COPY OF THE PERMIT IN RESPECT OF KL-1/BT 2010 VALID TILL 29.6.2020 EXHIBIT P3 TRUE COPY OF THE PERMIT IN RESPECT OF KL-1/AS 4707 VALID TILL 3.6.2022 EXHIBIT P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER DATED 12.10.2019 EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 15.10.2019 EXHIBIT P6 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER