Rajeev K.N vs District Police Chief
2021 Latest Caselaw 13424 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 26316 OF 2019
PETITIONER:

              RAJEEV K.N.
              AGED 37 YEARS
              S/O. NARAYANAN.K.K.
              KURUVIKUNNEL, HOUSE, NAYARUPARA P.O.
              IDUKKI DISTRICT 685 602.

              BY ADV DENIZEN KOMATH



RESPONDENTS:

    1         DISTRICT POLICE CHIEF
              PAINAVU P.O. IDUKKI 685 603.

    2         STATION HOUSE OFFICER,
              IDUKKI POLICE STATION,
              IDUKKI 685 602.

    3         ROAD TRANSPORT OFFICER,
              OFFICE OF THE ROAD TRANSPORT OFFICER,
              IDUKKI 685 603.

    4         T.A. THANKACHAN,
              THEKKILAKKATTU HOUSE,
              KARIMBAN,
              VAZHATHOPPU P.O.
              IDUKKI 685 602.

    5         RANJITHKUMAR.P.R.,
              PUTHAN VEETTIL HOUSE,
              GANDHINAGAR,
              IDUKKI COLONY P.O.
              IDUKKI 685 602.

    6         VISWAMBARAN,
              THEKKEDATH HOUSE,
              THANNKKANDAM,
 WP(C) NO. 26316 OF 2019
                                 2



         IDUKKI COLONY P.O.
         IDUKKI 685 602.

    7    P.C. VARGHESE,
         PUTHENKULATHIL HOUSE,
         NAYARUPARA P.O.,
         ALINCHUVADU,
         IDUKKI 685 602.
OTHER PRESENT:

         SRI.N.B.SUNIL NATH, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26316 OF 2019
                                     3



                 P.V.KUNHIKRISHNAN, J.
               ===================
                WP(C) No.26316 OF 2019
               ===================
           Dated this the 28th day of June 2021


                          JUDGMENT

The above writ petition is filed with following

prayers;

"I Call for the entire records pertaining to the facts pleaded in the Writ Petition; and issue a Writ of Mandamus, any other writ, order or direction, directing the respondents 1 and 2 to ensure adequate and appropriate police aid and protection to the petitioner to ply his Taxi Jeep bearing registration number KL-06- E-6753 from the Cheruthoni Taxi Stand, Idukki against the obstruction caused by respondents 4 to 7.

II Such other reliefs that this Hon'ble Court deems fit and proper.

III Award costs of the proceedings."

2. When this matter came up for consideration on

03.10.2019 this Court passed the following orders, which is

extracted hereunder;

"Admit.

Government Pleader takes notice for respondents WP(C) NO. 26316 OF 2019

1 to 3.

Issue notice by speed post to respondents 4 to 7. If the petitioner holds the requisite permit for plying of the jeep referred to in the writ petition, the second respondent shall ensure that no obstruction is caused for the plying of the same by respondents 4 to 7."

3. The learned counsel for the petitioner submitted

that, at present there is no obstruction from the contesting

respondents. But the learned counsel submitted that, the

interim order may be retained and the petitioner may be

allowed to approach the Station House Officer concerned

whenever there is a need.

4. The learned Government Pleader submitted that,

there is no law and order issue at present and the petitioner

is free to approach the Station House Officer whenever an

issue arises.

5. In the light of the above submission, the writ

petition is disposed after retaining the interim order in the

following manner.

1) The petitioner is free to approach the Station

House Officer concerned whenever there is any obstruction WP(C) NO. 26316 OF 2019

for plying his Jeep as per the permit.

2) If such a representation is received the Station

House Officer concerned will do the needful in accordance to

law in the light of the interim order.

(Sd/-)

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 26316 OF 2019

APPENDIX OF WP(C) 26316/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE PHOTO COPY OF THE CERTIFICATE OF REGISTRATION OF PETITIONERS VEHICLE BEARING NO. KL-06-E-6753.

EXHIBIT P2 TRUE PHOTO COPY OF THE PERMIT ISSUED BY THE 3RD RESPONDENT DATED 26.9.2015.

EXHIBIT P3 TRUE PHOTO COPY OF THE TAX LICENSE OF PETITIONERS VEHICLE.

EXHIBIT P4 TRUE PHOTO COPY OF THE POLLUTION CERTIFICATE OF PETITIONERS VEHICLE.

EXHIBIT P5 TRUE PHOTO COPY OF THE DRIVING LICENSE OF THE PETITIONERS.

EXHIBIT P6 TRUE PHOTO COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS DATED 20.8. 19 BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 TRUE PHOTO COPY OF THE EXAMPLED PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 21.8.2019.

EXHIBIT P8 TRUE PHOTO COPY OF THE REPLY GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE PHOTO COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.8.2019.

EXHIBIT P9 (a) TRUE PHOTO COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT P-9.

         // True Copy     //          PA to Judge