Rajesh Kurian Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1163589
CourtKerala High Court
Decided OnAug-27-2014
JudgeHONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
AppellantRajesh Kurian
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable the ag.chief justice mr.ashok bhushan & the honourable mr.justice a.m.shaffique wednesday, the27h day of august20145th bhadra, 1936 wp(c).no. 11706 of 2014 (k) ---------------------------- petitioner : ----------------------- rajesh kurian, orappankuzhiyil house, kanjikuzhy, muttambalam p.o., kottayam district. by adv. sri.s.sudarsanan respondent(s): ---------------------------- 1. state of kerala, represented by the secretary to government department of home affairs, government secretariat, thiruvananthapuram.2. the district police chief, collectorate post, kottayam-686 002.3. the circle inspector of police, east police station, kottayam-686 002.4. the sub inspector of police, east police station, kottayam-686 002.5. kanjikuzhy taxi drivers union (citu), represented by its secretary, kanjikuzhy, kottayam-686 004.6. kanjikuzhy taxi drivers union (intuc), represented by its secretary, kanjikuzhy, kottayam-686 004. *addl.r7 impleaded *r7: kottayam municipality, represented by its secretary, kottayam.p.o., pin-686 001 *addl.r7 is impleaded as per order dated116/14 in ia.no.7374/2014 r1 to r4 by state attorney sri.p.vijayaraghavan addl.r7 by adv. sri.philip j.vettickattu this writ petition (civil) having been finally heard on2708-2014, the court on the same day delivered the following: sts wp(c).no. 11706 of 2014 (k) ---------------------------------------- appendix petitioner(s)' exhibits ------------------------------------- p1 : copy of the registration certificate issued by the regional transport officer, kottayam with respect to motor cab(taxi) bearing no.kl-05/ah7774dtd.13.12.2013. p2 : copy of the permit issued by regional transport authority, kottayam with respect to auto rickshaw bearing no.kl-05/ah-7774 dtd. 27.12.2013. p3 : copy of the representation submitted by the petitioner before the4h respondent dtd.17.4.2014. p4 : copy of the judgment of this hon'ble court in wpc no.25304/2008, dtd. 1.9.2008. p5: copy of the photograph showing the taxi stand kanjikuzhy at kottayam respondent(s)' exhibits: nil /true copy/ p.a.to.judge sts ashok bhushan, ag.cj & a.m.shaffique, j.* * * * * * * * * * * w.p.c.no.11706 of 2014 ------------------------------------- dated this the 27th day of august 2014 judgment shaffique,j heard learned counsel for the petitioner and the learned government pleader. though notice was issued to respondents 5 and 6, there is no appearance on their behalf.2. petitioner has approached this court seeking for a direction to respondents 2 to 4 to provide adequate and effective protection to the petitioner for parking and plying his vehicle bearing reg.no.kl-05-ah-7774 maruti ertiga from kanjikuzhy taxi stand at kottayam. according to the petitioner, he had acquired the vehicle after availing loan from the bank with the intention of using the same as motor cab (taxi). though a w.p.c.no.11706/2014 2 contract carriage permit is being issued in his favour, he is not permitted by 5th and 6th respondents to park the vehicle in the taxi stand situated at kanjikuzhy stand. though he had approached the police for necessary protection, the same was not granted and hence he has approached this court.3. the learned state attorney, on instructions, submits that there are 37 vehicles parked in the said area and the police had requested the petitioner to park his vehicle in the neighbouring area which is about 50 meters away from the said area.4. learned counsel appearing for the additional 7th respondent submits that the said parking area is not allotted by the municipality whereas it has been used by several persons to park their vehicles and the area is being used as a taxi w.p.c.no.11706/2014 3 stand for quite some time.5. the learned counsel for the petitioner would however submit that there is enough space in the said parking area and there is no reason for respondents 5 and 6 to prevent the petitioner's vehicle being parked for the purpose of using the same as a taxi. if the parking area is common, nobody can have any monopoly in that area. when there is sufficient space for parking the vehicles, petitioner cannot be prevented by respondents 5 and 6 or their members. if there is any such illegal obstruction, police is bound to ensure maintenance of law and order and prevent such unlawful hindrance. under these circumstances, we are of the view that the writ petition can be disposed of as under: respondents 3 and 4 shall ensure that no law and order situation arises while the petitioner w.p.c.no.11706/2014 4 parks his vehicle bearing reg.no.kl-05-ah-7774 in the kanjikuzhy taxi stand or any other area, as the case may be. (sd/-) (ashok bhushan, acting chief justice) (sd/-) (a.m.shaffique, judge) jsr w.p.c.no.11706/2014 5 w.p.c.no.11706/2014 6
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE27H DAY OF AUGUST20145TH BHADRA, 1936 WP(C).No. 11706 of 2014 (K) ---------------------------- PETITIONER : ----------------------- RAJESH KURIAN, ORAPPANKUZHIYIL HOUSE, KANJIKUZHY, MUTTAMBALAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.S.SUDARSANAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DISTRICT POLICE CHIEF, COLLECTORATE POST, KOTTAYAM-686 002.

3. THE CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION, KOTTAYAM-686 002.

4. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOTTAYAM-686 002.

5. KANJIKUZHY TAXI DRIVERS UNION (CITU), REPRESENTED BY ITS SECRETARY, KANJIKUZHY, KOTTAYAM-686 004.

6. KANJIKUZHY TAXI DRIVERS UNION (INTUC), REPRESENTED BY ITS SECRETARY, KANJIKUZHY, KOTTAYAM-686 004. *ADDL.R7 IMPLEADED *R7: KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM.P.O., PIN-686 001 *ADDL.R7 IS IMPLEADED AS PER ORDER

DATED116/14 IN IA.NO.7374/2014 R1 TO R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN ADDL.R7 BY ADV. SRI.PHILIP J.VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2708-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 11706 of 2014 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGIONAL TRANSPORT OFFICER, KOTTAYAM WITH RESPECT TO MOTOR CAB(TAXI) BEARING NO.KL-05/AH7774DTD.13.12.2013. P2 : COPY OF THE PERMIT ISSUED BY REGIONAL TRANSPORT AUTHORITY, KOTTAYAM WITH RESPECT TO AUTO RICKSHAW BEARING NO.KL-05/AH-7774 DTD. 27.12.2013. P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE4H RESPONDENT DTD.17.4.2014. P4 : COPY OF THE JUDGMENT

OF THIS HON'BLE COURT IN WPC NO.25304/2008, DTD. 1.9.2008. P5: COPY OF THE PHOTOGRAPH SHOWING THE TAXI STAND KANJIKUZHY AT KOTTAYAM RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * W.P.C.No.11706 of 2014 ------------------------------------- Dated this the 27th day of August 2014

JUDGMENT

Shaffique,J Heard learned counsel for the petitioner and the learned Government Pleader. Though notice was issued to respondents 5 and 6, there is no appearance on their behalf.

2. Petitioner has approached this Court seeking for a direction to respondents 2 to 4 to provide adequate and effective protection to the petitioner for parking and plying his vehicle bearing Reg.No.KL-05-AH-7774 Maruti Ertiga from Kanjikuzhy Taxi Stand at Kottayam. According to the petitioner, he had acquired the vehicle after availing loan from the bank with the intention of using the same as motor cab (taxi). Though a W.P.C.No.11706/2014 2 contract carriage permit is being issued in his favour, he is not permitted by 5th and 6th respondents to park the vehicle in the taxi stand situated at Kanjikuzhy stand. Though he had approached the police for necessary protection, the same was not granted and hence he has approached this Court.

3. The learned State Attorney, on instructions, submits that there are 37 vehicles parked in the said area and the police had requested the petitioner to park his vehicle in the neighbouring area which is about 50 Meters away from the said area.

4. Learned counsel appearing for the additional 7th respondent submits that the said parking area is not allotted by the Municipality whereas it has been used by several persons to park their vehicles and the area is being used as a taxi W.P.C.No.11706/2014 3 stand for quite some time.

5. The learned counsel for the petitioner would however submit that there is enough space in the said parking area and there is no reason for respondents 5 and 6 to prevent the petitioner's vehicle being parked for the purpose of using the same as a taxi. If the parking area is common, nobody can have any monopoly in that area. When there is sufficient space for parking the vehicles, petitioner cannot be prevented by respondents 5 and 6 or their members. If there is any such illegal obstruction, police is bound to ensure maintenance of law and order and prevent such unlawful hindrance. Under these circumstances, we are of the view that the writ petition can be disposed of as under: Respondents 3 and 4 shall ensure that no law and order situation arises while the petitioner W.P.C.No.11706/2014 4 parks his vehicle bearing Reg.No.KL-05-AH-7774 in the Kanjikuzhy taxi stand or any other area, as the case may be. (sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.11706/2014 5 W.P.C.No.11706/2014 6