Petitioner sought writ protection to park and ply an autorikshaw without disruption from other drivers. The Court observed that such intra-guild disputes regarding rota rules do not fall within writ jurisdiction. The petition was dismissed.
None. The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 24TH DAY OF OCTOBER 2014/2ND KARTHIKA, 1936
WP(C).No. 13730 of 2014 (M)
PETITIONER(S)/PETITIONER:
BAPPUTTY M. AGED 63 YEARS S/O.THANIAN, KOTTACKAL THAZHAM VEEDU, MAKKADA P.O., KAKKODI, KOZHIKODE DISTRICT.
BY ADV. SRI.B.BALA PRASANNAN
RESPONDENT(S)/RESPONDENTS:
S/O.SEKHARAN, "PRARTHANA", PARAMBATH THAZHATHU VEEDU KACHERI ROAD, KOODATHUMPOYIL, MAKKADA P.O. KAKKODI, KOZHIKODE DISTRICT, PIN - 673 611.
S/O GOPALAN, ULLATTU THAZHATHU VEEDU, VADAKKE ELLOLI MORIKKARA P.O., KAKKODI VIA, KOZHIKODE DISTRICT PIN - 673 611.
S/O SANKARAN NAIR, VADAKKEKARA VEEDU, MAKKADA P.O. KAKKODI VIA, KOZHIKODE DISTRICT, PN - 673 611.
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
R1 BY SR. GOVERNMET PLEADER SRI. P.I. DAVIS R2 -R 4 BY ADV. SRI.V.G.ARUN R2 -R 4 BY ADV. SRI.T.R.HARIKUMAR R2 -R 4 BY ADV. SMT.V.P.SATHI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13730 of 2014 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE COPY OF CONTRACT CARRIAGE PERMIT ISSUED BY THE REGIONAL TRANSPORT OFFICER, CALICUT
EXHIBIT P2 : TRUE COPY OF COMPLAINT FILED BY THE PETITIONER DATED 13.12.2013 BEFORE THE 1ST RESPONDENT
EXHIBIT P2(a) : TRUE ENGLISH TRANSLATION OF EXHIBIT P2
EXHIBIT P3 : TRUE COPY OF JUDGMENT IN WP(C) No.26212 OF 2012(B) OF THIS HONOURABLE COURT DATED 02.08.2013
RESPONDENT(S)' EXHIBITS
EXHIBIT R2(a) : TRUE COPY OF THE LETTER DATED 15.07.2014 ISSUED BY THE PRESIDENT KAKKODI GRAMA PANCHAYAT.
EXHIBIT R2(b) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. R2(a).
// TRUE COPY //
P.A. TO JUDGE
sou.
THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
W.P.(C). No. 13730 of 2014
----------------------------------------------------------------------Dated this the 24th day of October, 2014
J U D G M E N T
Thottathil B.Radhakrishnan, J.
Heard.
In the result, this writ petition is dismissed.
Sd/THOTTATHIL B. RADHAKRISHNAN, JUDGE
Sd/BABU MATHEW P. JOSEPH, JUDGE.
sou.
2 issues framed by the court
Whether the High Court has jurisdiction to adjudicate a dispute regarding parking rota between autorikshaw drivers.
Whether writ jurisdiction extends to protect a driver from maintaining a rota operating system at an auto stand.
Bapputty M
Sub Inspector of Police, Cheyayoor Police Station
Sudheer
Santhosh S/o Gopalan
Santhosh S/o Sankaran Nair
Thottathil B. Radhakrishnan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
