High Court of KeralaWP(C)/22126/2015closed

Pattom Sasidharan, General Secretary, Motor Thozhilali Union (Aituc) v. State Of Kerala

2015-07-22Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No. 22126 of 2015 (M) ---------------------------- PETITIONER(S):

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1. PATTOM SASIDHARAN, GENERAL SECRETARY, MOTOR THOZHILALI UNION (AITUC) AGED 55 YEARS REG.NO.01/39/88, KODAR LANE, STATUE THIRUVANANTHAPURAM 1.

2. SULABHAKUMAR TC 43/28/1, POORAM HOUSE, MANAKKAD KARA KAMALESWARAM THIRUVANANTHAPURAM (AUTORICKSHAW DRIVER AT THAMBANOOR)

3. JAYAPRAKASH S/O.NARAYANAN, TYVILAKATH HOUSE, TC 35/305 VALLAKADAVU DESOM, MUTTATHOOR VILLAGE THIRUVANANTHAPURAM (AUTORICKSHAW DRIVER AT THAMBANOOR) BY ADV. SRI.P.K.BABU RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 695 001.

3. ADDITIONAL DIRECTOR GENERAL OF POLICE TRAFFIC THIRUVANANTHAPURAM 695 001.

4. DISTRICT LABOUR OFFICER THOZHILALI BHAVAN, THIRUVANANTHAPURAM 695 001.

5. THE SUB INSPECTOR OF POLICE THAMBANNUR THIRUVANANTHAPURAM 695 006.

6. MOHAMMED SALIM CITU UNIT SECRETARY, S/O.MOHAMMED IBRAHIM, TC 46/1074 POONTHURA P.O, THIRUVANANTHAPURAM 695 309.

7. SANJU R S/O.RAVEENDRAN A, NETTAYIL KUNNAMPURATHE VEEDU NETTA P.O, NEDUMANGAD, THIRUVANANTHAPURAM 695 541.

-2WP(C).No. 22126 of 2015

8. BIJU L.R S/O.RAVI PANICKER, BIJU SADANAM, SRI KRISHNAPURAM KATTAKADA P.O, THIRUVANANTHAPURAM 695 572.

9. BIJU M S/O.MOHANAN, TC 39/2055B, KARIMADAM CHALA P.O, THIRUVANANTHAPURAM 695 592.

10. SHAJU R S/O.RAJAN C, SHAJINI BHAVAN, KADUVATH VILA SATHYAN NAGAR, IND.ESTATE P.O THIRUVANANTHAPURAM 695 019.

11. ARUNKUMAR B S/O.BENSON, B.V HOUSE, KANNANKULANGARA KANDALA P.O, KATTAKADA, THIRUVANANTHAPURAM 695 572.

12. SURESH J S/O.JAYAKUMAR S, KOODATHIL VEEDU, KARALAKUZHI KULATHOOR P.O, THIRUVANANTHAPURAM 695 583.

13. RATHEESHKUMAR R TC 26/999, HOUSE NO.64 FLAT NO.64, RAJAJI NAGAR CHENKALCHULLA, THYCAUD, THIRUVANANTHAPURAM 695 014.

14. CHANDRASEKHARAN TC 28/693, PUNNAPURAM PETTAH P.O THIRUVANANTHAPURAM 695 019.

15. RAJASHEKHAR TC 28/693, PUNNAPURAM PETTAH P.O THIRUVANANTHAPURAM 695 019.

16. ANILKUMAR V S/O.VIJAYAN, TC 1109/10 FLAT NO.26, RAJAJI NAGAR THAMBANOOR WARD, THYCAUD VILLAGE THIRUVANANTHAPURAM 695 014.

17. SHAJIKUMAR K TC 25/1442, BHARTANBILL, VANCHIYOOR P.O THIRUVANANTHAPURAM 695 035.

R1 TO R5 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22126 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. COPY OF THE DOCUMENT BELONGS TO SULABHAKUMAR P TO SHOW THE AUTORICKSHAW OPERATING AT KSRTC BUSSTAND. EXHIBIT P2. COPY OF THE DOCUMENT BELONGS TO SREEKANTAN K TO SHOW THE AUTORICKSHAW AT KSRTC BUS STAND.

EXHIBIT P3. COPY OF THE DOCUMENT BELONGS TO RAJESHKUMAR S TO SHOW THE AUTORICKSHAW AT KSRTC BUS STAND.

EXHIBIT P4. COPY OF THE REPRESENTATION DATED NIL FILED BEFORE THE DISTRICT COLLECTOR BY THE IST PETITIONER.

EXHIBIT P5. COPY OF THE REPRESENTATION SUBMITTED BEFORE THE S.I OF POLICE, THAMBANOOR ON 11.6.15.

EXHIBIT P6. COPY OF THE PETITION DATED NIL FILED BY THE IST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7. COPY OF THE PETITION FILED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT DATED NIL.

RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P.(C).No. 22126 of 2015 ---------------------------------------------- Dated this the 21st July, 2015

JUDGMENT

Shaffique, J.

The first petitioner claiming to be the General Secretary of the Motor Thozhilali Union (AITUC) and the other petitioners being autorikshaw drivers attached to the said union, have approached this Court seeking Police protection. It is inter alia contended that there is a private auto stand in Thambanoor KSRTC Bus Station. Certain members of another union resigned from the said union and joined the union of the first petitioner. After such change being made, it is alleged that respondents 6 to 17, who are belonging to various other unions, have obstructed the members of the first petitioner union and threatened them that they will not be permitted to work as auto drivers in Thambanoor Bus Stand. The petitioners

W.P(C).22126/15 submitted representations to various authorities, including Police and since no action is taken in the matter, they have approached this Court.

2. The learned Government Pleader, on instructions, would submit that there is a Police Aid Post very near to the Thambanoor Bus Stand and if at all there is any law and order situation, sufficient Police force will be available to maintain law and order. As matters stand today, no such untoward incident has been reported.

3. Having regard to the claim of the petitioners that they should be permitted to park in the Thambanoor Bus Stand, such issues cannot be decided by this Court in a petition filed for Police protection, nor can the Police decide such issues. The Police can interfere only if there is attempt to commit offence or any offence committed.

4. Having regard to the nature of the order which we intend to pass, we do not think it necessary to issue notice to respondents 6 to 17.

W.P(C).22126/15

5. We only observe that if there is any law and order situation regarding parking of autorikshaws in the Thambanoor Bus Stand, the Police shall look into the matter and do the needful.

With the above observation, the Writ Petition is closed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs21/7/15