The Association Of Citypermit Auto Drivers v. K.S.Baby Vinod

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 Con.Case(C).No. 1379 of 2014 (S) IN W.P.(C).NO.19032 of 2011 ------------------------------------------------------------------------------ AGAINST THE JUDGMENT IN W.P.(C).NO. 19032 OF 2011 of HIGH COURT OF KERALA DATED 07-02-2013 ...................................................... PETITIONER/PETITIONER IN W.P.(C).NO. 19032 OF 2011: --------------------------------------------------------------------------------- THE ASSOCIATION OF CITYPERMIT AUTO DRIVERS DRIVERS REGISTRATION NO.ER258/11 HAVING ITS REGISTERED OFFICE AT VADHYAKULANGARA HOUSE OLD RAILWAY STATION ROAD ERNAKULAM-18, REPRESENTED BY ITS SECRETARY.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENTS/CONTEMNORS/RESPONDENTS 1 TO 3 IN W.P.(C).NO. 19032 OF 2011: ------------------------------------------------------------------------------------------------------------------------

1. K.S.BABY VINOD (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) ASSISTANT COMMISSIONER OF POLICE CITY TRAFFIC (WEST) POLICE STATION KOCHI CITY - 682 031

2. NISAMUDHEEN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) CIRCLE INSPECTDOR OF POLICE CITY TRAFFIC (WEST) POLICE STATION KOCHI CITY - 682 031

3. K.M. SHAJI (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) REGIONAL TRANSPORT AUTHORITY COLLECTORATE ERNAKULAM, REPRESENTED BY ITS SECRETARY.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 1379 of 2014 (S) APPENDIX PETITIONER(S)' ANNEXURES :- ------------------------------------------- ANNEXURE 1:

COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER ASSOCIATION UNDER THE PROVISIONS OF THE TRAVANCORE- COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT, 1955 ANNEXURE 2:

COPY OF THE JUDGMENT DATED 21.05.2010 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO. 17077/2009 ANNEXURE 3:

COPY OF THE JUDGMENT DATED 07.02.2011 PASSED BY THIS HON'BLE HIGH COURT OF KERALA IN W.P.(C). NO. 19032/2011 ANNEXURE 4:

PHOTOGRAPHS EVIDENCING WIDESPREAD VIOLATION OF PERMIT CONDITIONS BY NON CITY PERMIT AUTORIKSHAWS ANNEXURE 5:

COPY OF THE JUDGMENT DATED 24.06.2013 PASSED BY THIS HON'BLE COURT IN COC NO. 368/2013 IN W.P.(C). NO. 19032/2011 RESPONDENT'S ANNEXURES :- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- Cont. of Court Case(C).No. 1379 OF 2014 ---------------------------------------- Dated this the 3rd day of March, 2015

JUDGMENT

The petitioner has evidently not complied with the interim order dated 09.02.2015. There is paucity of material to show that auto rickshaws operate within Cochin city without city permits. The respondents maintain that all necessary steps have been taken to curb illegal plying of auto rickshaws without city permits.

I do not find any sufficient ground to pursue the contempt of court case. The contempt of court case is dismissed.

V. CHITAMBARESH JUDGE