Kerala High Court
Motor Cab Taxi Drivers ... vs District Collector on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF JULY 2021/11TH ASHADHA, 1943
WP(C) NO. 4102 OF 2020
PETITIONER:
MOTOR CAB TAXI DRIVERS ASSOCIATION,
ALAPPUZHA MEDICAL COLLEGE UNIT,
VANDANAM, REPRESENTED BY ITS CONVENOR,
SRI.SHAHUL HAMEED K., S/O KOCHU MUHAMMED,
IDAPPADOM, TDMC P.O.,
ALAPPUZHA DISTRICT, PIN-688 005.
BY ADV RENNY AUGUSTINE
RESPONDENTS:
1 DISTRICT COLLECTOR,
CIVIL STATION,
ALAPPUZHA DISTRICT, PIN-688 001.
2 REGIONAL TRANSPORT OFFICER,
CIVIL STATION, ALAPPUZHA PIN-688 001.
3 AMBALAPPUZHA NORTH GRAMA PANCHAYATH,
TDMC P.O., ALAPPUZHA DISTRICT, PIN-688 005,
REPRESENTED BY ITS SECRETARY.
4 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE ALAPPUZHA,
CCSB ROAD, CIVIL STATION WARD,
ALAPPUZHA, PIN-688 012.
5 SUB INSPECTOR OF POLICE,
AMBALAPUZHA POLICE STATION, PIN-688 561.
6 SUB INSPECTOR OF POLICE,
PUNNAPRA POLICE STATION, PUNNAPRA.
7 AUTO THOZHILALI UNION (SDTU),
VANDANAM, REPRESENTED BY ITS CONVENOR,
SRI. FAISAL.
WP(C) No.4102/2020
2
8 AUTO THOZHILALI UNION (CITU),
VANDANAM, REPRESENTED BY ITS CONVENOR,
SRI. SHAMEER.
9 AUTO THOZHILALI UNION (BMS),
VANDANAM, REPRESENTED BY ITS CONVENOR,
SRI. GOPALAKRISHNAN
10 AUTO THOZHILALI UNION (SDTU),
VANDANAM HOSPITAL JUNCTION,
AMBALAPUZHA-688 561, REPRESENTED BY
ITS CONVENOR, SRI. SHAMEER.
11 AUTO THOZHILALI UNION (CITU),
VANDANAM HOSPITAL JUNCTION,
REPRESENTED BY ITS CONVENOR,
SRI. SRI.DILEEP.
12 AUTO THOZHILALI UNION (BMS),
VANDANAM HOSPITAL JUNCTION,
REPRESENTED BY ITS CONVENOR,
SRI. VISHNU.
BY ADVS.
R1,R2, R4-R6 G.P. SMT. G. RANJITA
R3 SRI.BRIJESH MOHAN
R7-R12 SRI.P.PRAVEEN (P-936)
R7-R12 SRI.JIJO PAUL KALLOOKKARAN
SRI.R.RAJPRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.4102/2020
3
JUDGMENT
Dated this the 2nd day of July, 2021
This writ petition has been filed by the Motor Cab Taxi
Drivers Association of Alappuzha Medical College Unit
seeking the following reliefs:
(i) Issue a writ of Mandamus or other
appropriate writ or order or direction directing
the respondents 1 to 6 consider and pass
orders in Exhibit P5 and P6 within a time
frame to be fixed by this Hon'ble Court.
(ii) Issue a writ of Mandamus or other
appropriate writ or order of direction directing
the respondents 1 to 6 to close down the
illegal parking of the autorikshaws and taxi
stand used by the respondents 7 to 9 inside
the Alappuzha Medical College.
(iii) Issue such other reliefs that this
Hon'ble Court may deem fir and proper
considering the nature and circumstances of
this case."
2. The Secretary to Panchayat has filed a counter
affidavit stating that after due consultation, 15 places have
been identified by the Panchayat for parking of
autorikshaws and motor cabs. The learned counsel for the
WP(C) No.4102/2020
petitioner would submit that the petitioners have no
objection as regards the first 14 Stands, but has objection in
the location of 15th Auto Taxi Stand in front of SNDP
Auditorium and Shopping Complex (Auto Taxi - 5 Nos. at a
time).
3. The petitioner Association would submit that the
place near south of Queen Mary's Church Shopping Centre
would be more convenient place for locating Auto Taxi
Stand for the general public as well as to the members of
the petitioner-Association. The learned counsel for the
petitioner would further submit that the members of
respondents 7 to 12 Unions have been illegally parking
autorikashaws within the Medical College premises.
4. The learned counsel for the respondents 7 to 12
stated that the members of their Unions who are
autorikshaw drivers, are not parking their autorishaws
illegally anywhere other than at places identified by the
competent authorities.
WP(C) No.4102/2020
5. Heard the learned counsel for the petitioner,
learned Government Pleader representing respondents 1, 2
and 4 to 6, learned Standing Counsel for the 3 rd respondent
and the learned counsel for the respondents 7 to 12 Unions.
6. The grievance originally raised by the petitioner
in this writ petition stands substantially redressed in view of
the decision taken by the 3 rd respondent panchayath in
locating the autorishaw stand/taxi stand as stated in their
counter affidavit. Nevertheless, the petitioner has grievance
relating to Auto Taxi Stand in front of SNDP Auditorium and
Shopping Complex (Auto Taxi - 5 Nos. at a time). If the
petitioner has such grievance, it is for the petitioner to raise
this issue before the Traffic Advisory Committee and seek to
shift the auto stand to another place. If the petitioner make
such an application, the Traffic Advisory Committee will
consider the same in consultant with the stake holders
including respondents 7 to 12.
WP(C) No.4102/2020
7. As the respondents 7 to 12 have stated that
members of their Unions are not illegally parking
autorikshaws within the Medical College compound, this
Court finds no reason to pass any order in this regard.
In the afore circumstances, the writ petition is
disposed of permitting the petitioner to approach the Traffic
Advisory Committee for redressal of any subsisting
grievance in the matter.
Sd/-
N. NAGARESH
JUDGE
ncd/02.07.2021
WP(C) No.4102/2020
APPENDIX OF WP(C) 4102/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE NO
ALP/TC/49/2020 DATED 23.1.2020 ISSUED
BY SOCIETY REGISTRAR, ALAPPUZHA
EXHIBIT P2 TRUE COPY OF THE LIST SHOWING THE
NAME AND ADDRESS OF THE OWNERS AND
DRIVERS WITH THE VEHICLE NUMBER
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED
11.2.2015 ISSUED BY 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE MINUTES DATED
9.3.2015
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
17.8.2019 BEFORE 3RD RESPONDENT
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
1.2.2020 BEFORE 5TH RESPONDENT
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE MINUTES OF THE
MEETING DATED 28.10.2019 OF
AUTORIKSHAW/AUTO TAXI DRIVERS
EXHIBIT R3(b) TRUE COPY OF THE MINUTES OF THE
MEETING DATED 23.11.2019 OF
AUTORIKSHAW/AUTO TAXI DRIVERS.
EXHIBIT R3(c) TRUE COPY OF THE MINUTES OF THE
MEETING DATED 09.01.2020 OF
AUTORIKSHAW/AUTO TAXI DRIVERS.
EXHIBIT R3(d) TRUE COPY OF THE RESOLUTION OF THE
3RD RESPONDENT GRAMA PANCHAYAT DATED
20.05.2020.
