High Court Kerala High Court

Varghese.T.M vs Sub Inspector Of Police on 3 March, 2010

Kerala High Court
Varghese.T.M vs Sub Inspector Of Police on 3 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1982 of 2010(W)


1. VARGHESE.T.M,AGED 54,S/O.MATHEW,
                      ...  Petitioner
2. OUSEPH.A.R,ARIMBOOR HOUSE,KUTTOOR,P.O,
3. PAUL.A.V,S/O.VAREED,ARIMBOOKARAN HOUSE,K

                        Vs



1. SUB INSPECTOR OF POLICE,VIYYUR POLICE
                       ...       Respondent

2. THE SECRETARY,BHARATHIYA MAZDOOR SANGH

                For Petitioner  :SRI.P.K.SAJEEV

                For Respondent  :SRI.N.NAGARESH

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :03/03/2010

 O R D E R
          K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
        ------------------------------------------------------
                 W.P.(C) No.1982 of 2010-W
           ----------------------------------------------
            Dated, this the 3rd day of March, 2010

                         J U D G M E N T

K.M.Joseph, J.

The prayer in the writ petition is for a direction to

the Ist respondent to render adequate protection to the

petitioners for parking their vehicles in the taxi stand in front

of Daya hospital, Viyyur.

2. Briefly put, the case of the petitioners is as

follows:– Petitioners are owners of taxi cars. It is stated that

they had obtained contract carriage permit from the Regional

Transport Officer, Thrissur. It is also stated that there is a

taxi stand in front of Daya Hospital, Viyyur. It is further stated

that 8 to 10 taxi cars are parking there. It is stated that when

the petitioners tried to park their vehicles in the said stand the

drivers of the vehicles parking there threatened and objected

to it demanding Rs.25,000/- as ‘pakidi’ for parking there. It is

stated that petitioners have made a complaint to the Ist

respondent.

3. We heard the learned counsel for the parties

appearing. We suo motu implead The Corporation of Thrissur,

W.P.C No.1982/2010 -2-

Thrissur as the additional 3rd respondent. Learned counsel

for the Thrissur Corporation submits that actually there is no

parking there and that the Corporation has not allowed any

parking space. Learned counsel for the 2nd respondent

submits that there is no obstruction; but there is only lack of

space. If there is a taxi stand, the 2nd respondent cannot

obstruct the petitioners. If there is any obstruction in the

matter of parking the vehicles by the 2nd respondent and if the

petitioners seek to park their vehicles without violating any of

the provisions of law, then the Ist respondent will afford

adequate protection to the petitioners against the 2nd

respondent from obstructing the petitioners from parking in an

area which is permissible.

The writ petition is disposed of as above.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS