High Court of KeralaWP(C)/38647/2015disposed of

K.Santhosh v. Sasikumar M

2015-12-18Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 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 FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 38647 of 2015 (E) ---------------------------- PETITIONER:

------------------- K.SANTHOSH, S/O.K.V.BALAKRISHNAN, AGED 33 YEARS, RESIDING AT NHANDADI HOUSE, PODAVOOR P.O., KAYYUR, CHEEMENI, HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT(S):

--------------------------

1. SASIKUMAR M, AGED ABOUT 41 YEARS, RESIDING AT CHUTTENI HOUSE,KAYYOOR P.O., CHERUVATHUR VIA. HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671 313.

2. SREEDHARAN.K, RESIDING AT KUNDAKUDIAN HOUSE, KIZHAKKEKARA, CHEEMENI, CHEEMENI P.O., CHERUVATHUR VIA, HOSDURG TALUK, KASARAGOD DISTRICT, PIN -671 313.

3. THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, CHEEMENI P.O., KASARAGOD DISTRICT, PIN - 671 313.

4. THE INSPECTOR OF POLICE, NEELESHWAR, NEELESHWAR P.O., KASARAGOD DISTRICT, PIN - 671 314.

5. THE DISTRICT POLICE CHIEF, KASARGOD, KASARAGOD DISTRICT, PIN - 671 125.

6. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

R3 TO R6 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 38647 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P-1:

THE TRUE COPY OF THE DRIVING LICENSE DATED 7.3.2015 ISSUED BY THE ASSISTANT LICENSING AUTHORITY, KANHANGAD TO THE PETITIONER.

EXT.P-2:

THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-60-A-7643 OF THE SRI.C.SUNIL KUMAR. EXT.P-3:

THE TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANHANGAD IN RESPECT OF THE VEHICLE BEARING NO.KL-60-A-7643. EXT.P-4:

THE TRUE COPY OF THE JUDGEMENT DATED 3.12.2012 IN WPC NO.23233/2012 OF THIS HON'BLE COURT.

EXT.P-5:

THE TRUE COPY OF THE JUDGEMENT DATED 21.2.2012 IN WPC NO.3503/2012 ON THE FILE OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------------- W.P.(C) No.38647 of 2015 ---------------------------------------- Dated this the 18th day of December 2015

J U D G M E N T

Shaffique, J.

This writ petition has been filed seeking for police protection for parking of the petitioner's vehicle in the autorickshaw stand at Cheemeni. The petitioner has also produced the contract carriage permit, Ext.P3, which indicates that the vehicle bearing registration No.KL-60-A-7643 is permitted to park at Cheemeni. 2.

Learned counsel for the petitioner submits that despite the same, respondents 1 and 2 are preventing the parking of the vehicle in the said area. The petitioner also relies upon the judgments of this Court in W.P.(C) Nos.23233 of 2012 and 3503 of 2012 to contend that on similar occasions, appropriate orders have been passed by this Court.

Heard the learned Government Pleader as well. 4.

Having regard to the fact that the only prayer sought for by the petitioner is to park the vehicle in the area covered by Ext.P3, we are of the view that the petitioner will have to approach the police for necessary protection, as no complaint is seen filed by the petitioner so far.

W.P.(C) No.38647 of 2015 -: 2 :- Hence, we dispose of the writ petition, permitting the petitioner to file appropriate complaint before the 3rd respondent, who shall look into the matter and do the needful. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/18.12.2015.