Citation : 2026 Latest Caselaw 752 Ker
Judgement Date : 23 January, 2026
W.P.(C) No.21849 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 21849 OF 2025
PETITIONER(S):
VIBIN JOHNSON
AGED 34 YEARS, S/O.JOHNSON, NADAKKALAN HOUSE, THALORE
P.O., THRISSUR, PIN - 680306
BY ADVS.
SHRI.P.U.SHAILAJAN
SHRI.NIDHEESH T.P
SHRI.MIDHUN SUDARSANAN P.
SHRI.SUNIL DETH S.
RESPONDENT(S):
1 THE CITY POLICE COMMISSIONER
THRISSUR,SAKTHANTHAMPURAN NAGAR, VELIYANNOOR,
THRISSUR, PIN - 680001
2 THE ASSISTANT COMMISSIONER OF POLICE
SAKTHANTHAMPURAN NAGAR, VELIYANNOOR, THRISSUR,
PIN - 680001
3 THE STATION HOUSE OFFICER
THRISSUR EAST POLICE STATION, SAKTHANTHAMPURAN NAGAR,
VELIYANNOOR, THRISSUR, PIN - 680001
4 THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, THRISSUR MUNICIPAL
CORPORATION, THRISSUR, PIN - 680001
5 THRISSUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION
THRISSUR, WEST PALACE ROAD, THRISSUR , REPRESENTED BY
ITS PRESIDENT, PIN - 680020
W.P.(C) No.21849 of 2025
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6 THRISSUR DISTRICT PRIVATE BUS OPERATORS ORGANIZATION,
THRISSUR, ST NAGAR, THRISSUR, REPRESENTED BY ITS
PRESIDENT., PIN - 680001
7 KERALA BUS TRANSPORT ASSOCIATION,
THRISSUR DISTRICT COMMITTEE, SALU COMPLEX, MISSION
QUARTERS JUNCTION, T.B. ROAD, THRISSUR, REPRESENTED
BY ITS PRESIDENT., PIN - 680001
BY ADVS.
SHRI.SANTHOSH P.PODUVAL, SC
GP, SMT PREETHA K K
SHRI.SAJEEV KUMAR K.GOPAL
SHRI.K.V.GOPINATHAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21849 of 2025
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No.21849 of 2025
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Dated this the 23rd day of January, 2026
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i) issue a writ of mandamus or other appropriate writ, order or direction, directing the Respondents 1 to 3 to give adequate and effective police protection to the petitioner and workers to collect the bus stand fees @ Rs.40/- per day from the buses entering into the Thrissur Sakthan and Vadakke bus stands and the arrears of bus stand fees from 01/04/20256 onwards and at the time of seizing and transferring the defaulting buses to the Secretary of the Thrissur Municipal Corporation as per S.474 of the Kerala Municipality Act.
ii) Dispense with the filing of the translation of the vernacular documents;
iii) Grant such other reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." [SIC]
2. When this writ petition came up for consideration on
17.06.2025, this Court passed the following order:
"Admit.
2. Government Pleader takes notice for respondents 1
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to 3. Standing Counsel takes notice for the 4 th respondent. Issue urgent notice by speed post to respondents 5 to 7.
3. In the light of Ext.P7 request, there will be an interim order directing the 3 rd respondent to extend adequate police protection to the petitioner and his staff to proceed against the defaulters of the bus stand fee under Section 474 of the Kerala Municipality Act, for a period of one month."
3. According to the petitioner, he is the authorized
person to collect the 'bus stand fee' under Section 474 of the
Kerala Municipality Act. The grievance of the petitioner is that,
when the petitioner approached the defaulters, there is threat
from them. In such circumstances, this Writ petition is filed.
4. This Court already passed an interim order on
17.06.2025. Today, when the matter came up for consideration,
the Government Pleader submitted that the police authorities
summon the petitioner and the obstructors and the matter is
solved. If that be the case, I am of the considered opinion that
this Writ Petition need not be retained here. If there is any law
and order problem, the petitioner can approach the Police Aid
Post situated near the place or the Police Control Room or
Emergency Response No.112. The petitioner can also approach
the Thrissur East Police Station. If such a complaint is received
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from the petitioner, the police will do the needful to see that the
petitioner collect the 'bus stand fee' till he is authorised by the
Corporation.
With the above observation, this Writ Petition is disposed
of.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 23.01.2026
Judgment dictated 23.01.2026
Draft Judgment placed 24.01.2026
Final Judgment uploaded 27 .01.2026
2026:KER:6126
APPENDIX OF WP(C) NO. 21849 OF 2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TENDER NOTIFICATION DATED 21/01/2025 Exhibit P2 THE TRUE COPY OF THE DECISION OF THE MUNICIPAL COUNCIL OF THE THRISSUR MUNICIPAL CORPORATION DATED 28/12/2024 Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 28/03/2025 Exhibit P4 THE TRUE COPY OF THE LETTER OF AUTHORITY (THRISSUR MUNICIPAL CORPORATION )DATED 09/04/2025 Exhibit P5 THE TRUE COPY OF THE REQUEST LETTER DATED 24/04/2025 Exhibit P6 THE TRUE COPY OF THE LETTER DATED 29/04/2025 ISSUED BY THE CORPORATION Exhibit P7 THE TRUE COPY OF THE LETTER DATED 26/05/2025 ISSUED BYTHE MAYOR OF THE THRISSUR CORPORATION Exhibit P8 THE TRUE COPY OF THE LETTER DATED 02/06/2025 ISSUED BY THE THRISSUR CORPORATION Exhibit P9 THE TRUE COPY OF THE LETTER DATED 28/05/2025ISSUED BY THE THRISSUR CORPORATION Exhibit P10 THE TRUE COPY OF THE LETTER DATED 03/06/2025 SUBMITTED TO THE ASSISTANT COMMISSIONER OF POLICE Exhibit P11 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C)NO:12591/2021 DATED 05/03/2021
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