Kerala High Court
Biju George vs State Of Kerala on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 26984 OF 2019
PETITIONER:
BIJU GEORGE
AGED 49 YEARS
S/O. XAVIER, MEPURATH HOUSE, ATHIRAMPUZHA P O, KOTTAYAM
DISTRICT
BY ADV P.P.BLESSY MOL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
2 THE DISTRICT POLICE CHIEF
KOTTAYAM
3 THE DEPUTY SUPERINTENDENT OF POLICE
KOTTAYAM
4 THE SUB INSPECTOR OF POLICE
GANDHINAGAR POLICE STATION, KOTTAYAM
5 THE SECRETARY
THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM
6 THE M.G. UNIVERSITY AREA AUTO RICKSHAW THOZHILALI UNION
(CITU)
ATHIRAMPUZHA P.O., KOTTAYAM
7 THE M.G.UNIVERSITY AREA AUTO RICKSHAW THOZHILALI UNION
(INTUC)
ATHIRAMPUZHA PO, KOTTAYAM
8 SIJI THOMAS
AGED 35 YEARS
POOVAMPARAMBIL HOUSE, MANNAM P.O., KOTTAYAM
WP(C) NO. 26984 OF 2019
2
9 BENNY JOSEPH
AGED 44 YEARS
AANIPARAMBIL HOUSE, ATHIRAMPUZHA P.O.,
NALPATHIMALA, KOTTAYAM
10 BIJU MATHEW
AGED 42 YEARS
PODIMATTOM HOUSE, AMALGIRI P.O., OTTAKANJIRAM
BY ADVS.
SRI.DENIZEN KOMATH
SRI.A.D.SURESH BABU
R1 TO R5 BY SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26984 OF 2019
3
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.26984 of 2019
----------------------------------------------
Dated this the 08th day of July, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ in the nature of mandamus or any
other appropriate writ or order directing respondent
Nos. 2, 3 and 4 to afford adequate and effective
police protection to the petitioner and his auto
rickshaw covered by Exhibit P1 and for the purpose
of parking the same at Mahatma Gandhi University
Junction auto stand as per Exhibit P2 contract
carriage permit and to ply the same without there
being any obstruction at the hands of respondent
Nos. 6 to 10 and the members under them within
which time as this Hon'ble court may deem fit and
proper in the interest of justice.
ii. To issue a writ in the nature of mandamus or any
other appropriate writ or order directing respondent
No.2 to take appropriate effective action up on
Exhibit P3 representation in accordance with law and
prevent the illegal activities of respondents 6 to 10
and their members as against the petitioner and his
auto rickshaw from parking and plying the same in
WP(C) NO. 26984 OF 2019
accordance with Exhibit P2 Contract carriage permit
at Mahatma Gandhi University Junction auto stand
with such time as this Hon'ble court may deem fit
and proper in the interest of justice.
iii. To issue a declaration that the petitioner is entitled in
law to park his auto rickshaw covered by Exhibit P1
and permitted to ply in accordance with Exhibit P2
contract carriage permit and to ply his vehicle from
his permitted place, without there being any
obstruction or hindrance whatsoever at the hands of
respondent Nos. 6 to 10 and any such obstruction or
hindrance is liable to be removed forthwith by
respondent Nos 2 to 4 and refusal of the same is
absolutely arbitrary and unconstitutional being
violative of Article 14, 19 and 21 of The Constitution
of India.
iv. To grant such other reliefs, as this Hon'ble court shall
deem just and proper in the interest of justice.
2. When this writ petition came up for consideration
before this Court on 11.10.2019, this Court passed the following
order:
"Admit.
Government Pleader takes notice for respondents 1 to 5.
Issue notice by speed post to respondents 6 to 10.
WP(C) NO. 26984 OF 2019
Having regard to the facts and circumstances of the
case, there will be an interim order directing the fourth
respondent to afford protection to the petitioner for
plying the Auto rickshaw referred to in the writ petition
in accordance with Ext.P2 permit."
3. Today, when this writ petition came up for
consideration, the Government Pleader submitted that the
petitioner is plying his autorikshaw without any obstruction from
the contesting respondents. The Government Pleader also
submitted that if there is any such obstruction, the petitioner is
free to approach the Station House Officer concerned and the
Station House Officer will do the needful in accordance to law.
In the light of the above submission, this writ petition can
be disposed in the following manner:
1. If there is any obstruction to the petitioner for
plying his autorikshaw, the petitioner is free to
approach the Station House Officer concerned
with a complaint.
2. If such a complaint is received, the Station House
Officer will do the needful to see that the
petitioner is plying his autorikshaw based on his
WP(C) NO. 26984 OF 2019
permit, without any obstruction from the
contesting respondents and others.
With the above observations, this writ petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C) NO. 26984 OF 2019
APPENDIX OF WP(C) 26984/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF VEHICLE NO.KL-05-AE 3989
EXHIBIT P2 TRUE COPY OF THE CONTRACT CARRIAGE
PERMIT DATED 24.05.2019 ISSUED BY THE
SECRETARY REGIONAL TRANSPORT AUTHORITY,
KOTTAYAM
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
04.06.2019 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT NO.3
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
04.06.2019 SUBMITTED BY THE PETITIONER
BEFORE RESPONDENT NO.5
