Yousaf P.K. v. State Of Kerala
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 THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2846 of 2015 (E) ---------------------------------------- PETITIONER(S) :
------------------------ YOUSAF P.K, AGED 35 YEARS, S/O. MUHAMMED, PADALAKKAD HOUSE, KAIPPANCHERI ROAD, SULTHAN BATHERY P.O., WAYANAD.
BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S) :
----------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM, PIN- 695 039.
2. THE SUB INSEPCTOR OF POLICE, SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT, PIN- 673 592.
3. SECRETAY, AUTO RICKSHAW DRIVERS COORDINATION COMMITTEE, SULTHAN BATHERY UNIT, PIN- 673 592.
4. AUTO RICKSHAW DRIVERS COORDINATION COMMITTEE SULTHAN BATHERY UNIT, REPRESENTED BY ITS CONVENER KRISHNAN P.O, PIN- 673 592.
R1 TO R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 2846 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:
TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED IN THE NAME OF THE PETITIONER.
P2:
TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF PETITIONER VEHICLE NO. KL-73/6943.
P3:
TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 14.01.2015.
P3(A): ENGLISH TRANSLATION OF EXHIBIT P3.
P4:
TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C).NO.16606 OF 2012 DATED 12.06.2014.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.
Msd.
ASHOK BHUSHAN, Ag.C.J.
& A.M. SHAFFIQUE, J.
------------------------------------------------ W.P.(C) No.2846 OF 2015 ------------------------------------------------ Dated this the 29th day of January, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court seeking police protection for operating his Auto rickshaw bearing registration No.KL-73/6934 covered by Ext.P1 permit dated 08.12.2014. In Ext.P1, it is indicated that he has the halting place at Sulthan Bathery with Bonnet No.602. The petitioner submits that in spite of the permission for parking his Autorickshaw in the said area, he is being resisted by Respondents 3 and 4 and hence he has approached the police, seeking police protection. Since no action has been taken by the police to provide necessary protection to park his vehicle in the said area in terms of the permit, this writ petition is filed.
2. The learned State Attorney would submit that as far as Respondents 3 and 4 are concerned, they have agreed that they will not create any resistance in the petitioner parking his vehicle as per the permit conditions.
W.P.(C) No.2846 of 2015
3. Having regard to the above facts and circumstances, no further direction is required. We only observe that if there is any complaint, it shall be open to the petitioner to approach the police who shall ensure maintenance of law and order. The writ petition is disposed of recording the statement of the State Attorney.
Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE.
Sd/- A.M. SHAFFIQUE, JUDGE.
//true copy// P.S. To Judge st/-