Laiju vs Director General Of Police on 2 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32542 of 2008(Y)


1. LAIJU, S/O. THANKAPPAN, AGED 34,
                      ...  Petitioner
2. SALI, S/O. REGHU, AGED 45,

                        Vs



1. DIRECTOR GENERAL OF POLICE ,
                       ...       Respondent

2. SUPERINTENDENT OF POLICE,

3. CIRCLE INSPECTOR OF POLICE,

4. THARAKESWARAN S, ANANDA BHAVAN,

5. MURALI V.M,KALLARACKAL VEEDU,

6. SHAJI KUMAR K.S., KALATHIPARAMBIL

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  :SRI.K.S.RAJESH

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :02/02/2009

 O R D E R

J.B. Koshy,Ag.C.J. & V. Giri, J.

—————————————-
W.P.(C) No.32542 of 2008 – Y

—————————————-
Dated this the 2nd day of February, 2009

Judgment

Koshy, Ag.C.J.

First petitioner is the owner of car bearing registration

No.KL7/AS 1020 and second petitioner is the owner of another car

bearing registration No.KL7/AA 583. The above vehicles are used as

tourist taxis and they are parking the vehicles in front of the old

Transport Bus Stand, Paravur for number of years. Petitioners engaged

drivers to drive the vehicles. Then unions headed by respondent

Nos.4 and 5 objected their parking of vehicles. If parking space is

provided, it cannot be marked for a union. It is for the public and

membership of the union is not a ground for denying parking of a

motor vehicle in a particular space. Of course, statutory authorities

can regulate the parking by restricting the number of vehicles. Then

also, fixing standards of parking, members of unions cannot stand

against for making any regulations and unions cannot also loot public

and extort money or compel any person to join their union. It is for the

drivers on their own volition to join the union and membership of the

union is not compulsory for driving taxi car or autorickshaw. In the

above circumstances, in the absence of prohibition from the statutory

W.P.(C) No.32542/2008 2

authorities, petitioners should be allowed to operate near the old

KSRTC Bus Stand, Paravur and second respondent is directed to see

that sufficient police protection is given to the petitioners to run their

taxi cars and because of filing of this writ petition, they are not

attacked in any way.

The writ petition is disposed of.

J.B.Koshy
Acting Chief Justice

V. Giri
Judge

vaa