Prakashan vs State Of Kerala
2021 Latest Caselaw 13266 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                       WP(C) NO. 26903 OF 2019


PETITIONER:
           PRAKASHAN,
           AGED 57 YEARS
           S/O BALAKRISHNAN, SHRI NAGAR-175, PUTHOORKIZHAKATHIL,
           KUREEPPUZHACHERRY, KAVANDU P.O.KOLLAM-691 003.

            BY ADVS.
            K.S.HARIHARAPUTHRAN
            SMT.BHANU THILAK


RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY CHIEF SECRETARY, HOME DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2       CITY POLICE COMMISSIONER ,
            KOLLAM 691 001

    3       STATION HOUSE OFFICER,
            SAKTHIKULANGARA POLICE STATION, KAVANAD, KOLLAM-691
            003.

    4       B.M.S. AUTOTHOZHILALI UNION,
            REPRESENTED BY PRESIDENT RAJAN, VALANJERIL VEEDU,
            KUREEPPUZHACHERY, KAVANADU, P.O.KOLLAM-691 003.

    5       KANNAN,
            KANNIMEL CHERRY, KAVANDU P.O.KOLLAM-691 003.

    6       ANI,
            PERIYANAZHIKATHU VEEDU,KUREPPUZHACHERY, KAVANADU P.O.
            KOLLAM-691 003.

    7       UMESH R,
            KONTHRATHEKKATHIL, KANNIMELCHERRY, KAVANADU P.O.KOLLAM-
            691 003.
 WP(C) NO. 26903 OF 2019
                             2


    8    RAJAN,
         VALANJERIL VEEDU, KUREEPPUZHACHERY, KAVANADU
         P.O.KOLLAM-691 003.

         R4 TO R8 BY ADVS.
         SRI.C.RAJENDRAN
         SMT.R.S.SREEVIDYA

         R1 TO R3 BY ADV.N.B.SUNIL NATH, GOVT. PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 26903 OF 2019
                                     3


                             JUDGMENT

This writ petition is filed with following prayers:

"i. Issue a writ in the nature of mandamus or any other appropriate order or direction commanding the 2nd and 3rd respondents to provide adequate and effective police protection to the petitioner for plying his vehicle in terms with the city permit at Vallikezhu Auto stand.

ii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstance of the case."

2. When this matter came up for consideration on

10.10.2019, this Court passed the following order:

"Admit.

Government Pleader takes notice for respondents 1 to 3. Issue notice by speed post to respondents 4 to 8. There will be an interim order directing respondents 2 and 3 to take necessary steps to afford police aid to the petitioner for plying his vehicle in terms of Ext.P3 permit."

3. Heard the counsel for the petitioner and the

contesting respondents.

4. The counsel for the petitioner submitted that now

there is no issue and if there is any problem in future, the

petitioner may be allowed to approach the Station House Officer

concerned and there may be a direction to the police to afford WP(C) NO. 26903 OF 2019

necessary protection for plying his vehicle in terms of the permit.

The Government Pleader also submitted that necessary steps will

be taken if there is any law and order issue, as alleged in the writ

petition.

In the light of the above submissions, this writ petition can

be disposed in the following manner:

1. The petitioner is free to ply his vehicle in terms

of Ext.P3 permit.

2. If there is any obstruction from the contesting

respondents or others, the petitioner is free to

approach the Station House Officer concerned

with a complaint.

3. If such a complaint is received from the

petitioner, the Station House Officer will do the

needful and afford adequate police protection to

the petitioner.

With the above observations, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C) NO. 26903 OF 2019

APPENDIX OF WP(C) 26903/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE DRIVING LICENSE WITH NO 2/4112/1984

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF INSURANCE CUM POLICY SCHEDULE OF THE VEHICLE BEARING NO KL-02-BF-0431 DATED 14.6.2019

EXHIBIT P3 TRUE COPY OF THE CONTRACT CARTING PERMIT DATED 23.10.2018 WHICH IS VALID UP TO 9.7.2023 ISSUED BY THE MOTOR VEHICLES DEPARTMENT

EXHIBIT P4 TRUE COPY OF THE COMPLIANT DATED 31.8.2019 PREFERRED BEFORE THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 23.8.2019 PREFERRED BEFORE THE 3RD RESPONDENT