Musthafa T.K. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).NO. 39293 OF 2015 (J) ---------------------------- PETITIONER(S):
-------------------------- MUSTHAFA T.K. AGED 60 YEARS S/O HAMEED, RESIDING AT THEERTHIKOT, P.O, CHOKLI, THALASSERY, KANNUR- 670672.
BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ SMT.V.SARITHA MRS.S.SREELAKSHMY SRI.T.B.SIVAPRASAD SMT.NEETHU.K.SHAJI SRI.C.Y.VIJAY KUMAR RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT , GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001.
2. THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, VATAKARA, KOZHIKODE- 673 542
3. SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE - 673 542
4. KOZHIKODE JILLA MOTOR & ENGINEERING WORKS UNION (CITU), VATAKARA BUS SECTION COMMITTEE, DWARAKA TOURIST HOME, NEAR OLD BUS STAND, VATAKARA, KOZHIKODE - 673 542 REPRESENTED BY ITS SECRETARY.
R1-3 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 39293 OF 2015 (J) - 2 - APPENDIX PETITIONER'S EXHIBITS --------------------------------------- EXHIBIT P1 : TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF THE MOTOR BUS BEARING THE REGISTRATION MARK KL-18/A 7227 EXHIBIT P2 : TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF THE MOTOR BUS BEARING THE REGISTRATION MARK KL-58/D 7677 EXHIBIT P3 : TRUE PHOTOSTAT COPY OF THE PERMIT OF THE MOTOR BUS BEARING THE REGISTRATION MARK KL-58/D 7677 EXHIBIT P4 : TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY DT.303932015 EXECUTED BY SASIDHARAN TO THE PETITIONER IN RESPECT OF THE MOTOR BUS BEARING THE REGISTRATION MARK KL-58/D 7677 EXHIBIT P5 : TRUE PHOTOSTAT COPY OF THE ENGLISH TRANSLATION OF THE REPRESENTATION DT.17.12.2015 SUBMITTED BY THE PETITIONER TO THE SUB INSPECTOR OF VATAKARA POLICE STATION.
EXHIBIT P6 : TRUE PHOTOSTAT COPY OF THE RECEIPT DT.17.12.2015 ISSUED TO THE PETITIONER FROM THE VATAKARA POLICE STATION.
EXHIBIT P7 : TRUE PHOTOSTAT COPY OF THE PHOTOGRAPH OF THE PETITIONER'S MOTOR BUS BEARING THE REGISTRATION MARK KL-58/D 7677 EXHIBIT P8 : TRUE PHOTOSTAT COPY OF THE ORDER DT.15.12.2015 IN WRIT PETITION(C) NO.38009 OF 2015 ON FILES OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 39293 of 2015 --------------------------------------------------------------- Dated this the 22nd day of December, 2015
JUDGMENT
Shaffique, J Government Pleader takes notice for respondent Nos. 1 to
3. No notice being issued to respondent No.4 in view of the order which is being passed.
2. Petitioner submits that he is the owner in possession of a stage carriage bearing registration No.KL-58-D-7677 plying between Kozhikode-Thalassery with valid permit. It is alleged that the fourth respondent and their men are obstructing the operation of the stage carriage alleging certain incidents in which the petitioner is not involved. Though complaint has been given to police, no action has been taken in the matter. Exhibit P5 is the said complaint.
3. Having regard to the nature of averments in the writ petition, we observe that if the petitioner is operating the stage carriage with valid permit, it is the duty of the police to ensure maintenance of law and order and also ensure that the stage carriage is operating without any obstruction.
W.P(C).39293/15
4. Hence we direct the third respondent to look into Exhibit P5 complaint and take appropriate measures in accordance with law.
The writ petition is disposed of accordingly. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.22/12/15