Disposed

Pattom Sasidharan v. Commissioner of Transport

Kerala HC5 Oct 2017WP(C)/31295/2017

Case brief

AI extract

What is this about?

Petitioners, representing a new auto rickshaw union, challenged restrictions on operating numbers at the Thampanoor auto stand. The High Court, without deciding the substantive dispute on police protection or meter access, observed that the petitioners should approach the Traffic Advisory Committee directly to seek modification of the committee's decision.

What did the court decide?

Petitioners directed to approach Traffic Advisory Committee; Committee ordered to decide on representation with notice.

Pattom Sasidharan Vs Commissioner of Transport — Civil Procedure and Limitation | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 5TH DAY OF OCTOBER 2017/13TH ASWINA, 1939 WP(C).No. 31295 of 2017 (J)

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PETITIONERS:

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1. PATTOM SASIDHARAN, AGED 57 YEARS, GENERAL SECRETARY/ CONVENER (AITUC), REG.NO. 1/39/88, SUGATHAN SMARAKOM, MOSQUE LANE, THAMPANOOR, THIRUVANANTHAPURAM - 695 001.
2. SREEKANTAN. K, S/O.KRISHNAPILLAI, T.C. 22/627(A), KANJIPURA, ATTUKAL, MANACADU (P.O.), THIRUVANANTHAPURAM - 2, PIN CODE NO. 695 009.
3. VIPINKUMAR.G, S/O. GOPAKUMAR, T.C. 21/1779 (A), "THIRUVATHIRA", SOMAN NAGAR, KARAMANA (P.O), THIRUVANANTHAPURAM - 2, PIN CODE NO. 695 002.
4. HALLAJ, S/O. KANIMUTTATHU SEETHI, T.C.35/1287, "P.D.NAGAR, VALLAKADAVU (P.O), THIRUVANANTHAPURAM, PIN CODE NO.695 002.
5. JAYAPRAKASH.N, S/O. NARAYANAN, AGED 41 YRS., THYVILAKOM, VALIYATHURA, THIRUVANANTHAPURAM, PIN CODE NO. 695 008.
6. BIJU. G, S/O.GOPAN.K, AGED 45 YRS., KARUPPUMMOOLA MELA, PUTHENVEEDU, PAMAMCODE, ESTATE P.O.,PIN CODE NO.695019.
7. VILASCHANDRAN. T, S/O. CHELLAPPAN ASARI, AGED 46 YRS., POOVATHOOR, CHELLAMCODE, THIRUVANANTHAPURAM, PIN CODE NO. 695 561.
8. RAKEESH NATH, S/O. JAGANATHAN, AGED 39 YRS., AALUMMOOTIL VEEDU, MYLAKKARA P.O., THIRUVANANTHAPURAM,PIN CODE NO.695 572.
9. GOPAKUMAR. K S/O. KRISHNA PILLAI, AGED 38 YRS., THENGUVILA MELE, PUTHENVEEDU, MANGALAKKAL, AMBALATHUMKALA P.O., PIN CODE NO.691 505.
10. PRAVEENKUMAR. D, S/O. DIVAKARAN, AGED 32 YRS., T.C. 1/460 (1373), MYLAVILASAM, PANAMCODE, ESTATE P.O., THIRUVANANTHAPURAM, PIN CODE NO. 695 019.
11. PRAVEEN KUMAR. C.S. S/O. SUSHEELAN, AGED 26 YRS., T.C. 2/12, ULLORILAKATHU VEEDU, MANNGATUKONAM, PAITUVILA P.O., THIRUVANANTHAPURAM, PIN CODE NO. 695 501.
12. RAJENDRA KUMAR. C. S/O. CHANDRA SEKHARAN, AGED 45 YRS., T.C. 42/349, AMMAN COIL, MANCADU P.O., THIRUVANANTHAPURAM, PIN CODE NO.695 009.
13. VISHNU.T.M. S/O. MOHANAN. V, AGED 22 YRS., VELLAMKETTUVILA, NEMOM, PIN CODE NO. 695 020.
14.SREEKUMAR. K, S/O. KRISHNAN, AGED 43 YRS., MANALITHADKAL, PUTHENVEEDU, THATHIYOOR, MANAYIMUTTAM P.O., PIN CODE NO.

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WP(C).No. 31295 of 2017 (J)

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BINU. G.,S/O. GOPALAN, AGED 41 YRS., KANPPUMOODU, MELE PUTHENVEEDU, PAMAMCODE ESTATE,THIRUVANANTHAPURAM, PIN CODE NO. 695 019.

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SAJAN. T.S., S/O. THENKAPPAN, AGED 52 YRS., PALAYARATHALA PONYIL,ATHIYANNOOR, PIN CODE NO.695 123.

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LENIN. S,S/O. SUDHEESHAN, AGED 51 YRS., NJACKKAD, VARKALA P.O., VADASSERIKONAM, THIRUVANANTHAPURAM, PIN CODE NO.695 143.

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SULABHAKUMAR. P.S/O. PRABHAKARA, AGED 55 YRS., POORAM, THOTTAM, MUTTATHARA P.O., THIRUVANANTHAPURAM, PIN CODE NO.695 008.

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SUNILKUMAR,S/O. KUTTAN PILLAI, AGED 45 YRS., POGUMMOODU, IRANIMUTTOM, THIRUVANANTHAPURAM, PIN CODE NO. 695 009.

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SREEKUMARAN NAIR. K, S/O. KRISHNA PILLAI, T.C. 13/268, KANNAMOOLA, THIRUVANANTHAPURAM, PIN CODE NO. 695 011. BY ADVS.SRI.P.V.VENUGOPAL SRI.P.BIJIMON SRI.JACOB SAMUEL

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RESPONDENTS:

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COMMISSIONER OF TRANSPORT TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHAKKAD P.O., THIRUVANANTHAPURAM - 14, PIN CODE NO. 695 014.

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TRAFFIC REGULATORY COMMITTEE, REP.BY ITS CHAIRMAN, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN CODE NO.695 014.

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STATE REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, RTO OFFICE, VAZHUTHACADU, THIRUVANANTHAPURAM,PIN CODE NO. 695 014.

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CORPORATION OF THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, THIRUVANANTHAPURAM, PIN CODE NO. 695 034.

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ASSISTANT COMMISSIONER OF POLICE (TRAFFIC) THIRUVANANTHAPURAM, PIN - 695 001.

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CIRCLE INSPECTOR OF POLICE, THAMPANOOR, THIRUVANANTHAPURAM, PIN - 695 006.

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AUTO RICKSHAW WORKERS UNION (CITU), REPRESENTED BY ITS SECRETARY, SALIM, THAMPANOOR, THIRUVANANTHAPURAM - 695 006

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AUTO RICKSHAW WORKERS UNION (INTUC), REPRESENTED BY ITS SECRETARY, ANILKUMAR, THAMPANOOR, THIRUVANANTHAPURAM - 695 006

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AUTO RICKSHAW WORKERS SANG (BMS). REPRESENTED BY ITS SECRETARY, SUNILKUMAR, THAMPANOOR, THIRUVANANTHAPURAM - 695 006. R BY GOVERNMENT PLEADER SRI.P.P.THAJUDEEN R BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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05-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31295 of 2017 (J)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 A COPY OF MINUTES OF MEETING CONVENED BY ASSISTANT COMMISSIONER OF POLICE WITH TRADE UNION LEADERS OF CITU, INTUC AND BMS ON 28.08.2013.

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EXHIBIT P2 A COPY OF REPLY GIVEN BY ASSISTANT COMMISSIONER OF POLICE TO 1ST PETITIONER, GENERAL SECRETARY OF MOTOR THOZHILALI UNION (AITUC) DATED 18.09.2014 FOR THE COMPLAINT OF ILLEGAL FINING FOR PARKING AT THAMPANOOR AUTO-STAND.

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EXHIBIT P3 A COPY OF REPRESENTATION GIVEN BY 1ST PETITIONER GENERAL SECRETARY OF MOTOR THOZHILALI UNION (AITUC) DATED 11.06.2015.

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EXHIBIT P4 A COPY OF THE PERMIT WITH CONDITIONS WITHOUT SPECIFYING A PARTICULAR PARKING PLACE ISSUED BY 3RD RESPONDENT DATED 25.03.2017 AND 22.09.2016.

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EXHIBIT P5 A COPY OF THE REPRESENTATION DATED 17.04.2017 SUBMITTED BY PETITIONERS TO DY.COMMISSIONER OF POLICE.

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EXHIBIT P6 A COPY OF NOTICE DATED 04.05.2017 ISSUED TO THE 1ST PETITIONER.

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EXHIBIT P7 A COPY OF THE RECEIPT ISSUED INSPECTOR OF POLICE INDICATING ACCEPTANCE OF COMPLAINT BY THE 1ST PETITIONER.

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RESPONDENTS' EXHIBITS:

NIL.

// TRUE COPY //

P.S. TO JUDGE

ANTONY DOMINIC, J. & DAMA SESHADRI NAIDU, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.31295 of 2017

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Dated this the 5^th day of October, 2017

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JUDGMENT

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Antony Dominic, J.

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It appears that based on the decisions taken by the Traffic Advisory Committee, Trivandrum, restrictions have been placed on the number of autorikshaws which are authorised to ply at night from the prepaid taxi stand at Thampanoor.

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From the submissions made, we find that when the aforesaid decision was taken there were only three unions operating in the auto stand and now petitioners have joined a new union. According to the petitioners, since then they are not allowed to operate from the auto stand. It is in this background, the writ petition is filed seeking orders of police protection.

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Essentially what the petitioners need is modification of the decision of the Traffic Advisory Committee entitling the members of the 4^th union namely, the petitioners' union also to park and operate from the auto stand in question. Such being the

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W.P.(C)No.31295 of 2017

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: 2 :

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requirement, what is needed is that the petitioners move the Traffic Advisory Committee itself and it is for that Committee to take a decision on the request of the petitioners, after hearing all the affected parties.

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Therefore, the petitioners may move the Traffic Advisory

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Committee and file appropriate representation and it is ordered that in the event any such representation is received, the Traffic Advisory Committee shall take a decision thereon with notice to all concerned as expeditiously as possible. Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the Traffic advisory Committee for compliance.

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Writ petition is disposed of.

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jes

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SD/- ANTONY DOMINIC, JUDGE SD/- DAMA SESHADRI NAIDU, JUDGE

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The words “ taxi stand ” occurring in the first paragraph of the judgment dated 5.10.2017 in W.P.(C)No.31295/2017 are corrected and substituted as “ auto stand ” as per order dated 23.11.2017 in I.A.No.18012/2017 in WP(C)31295/2017.

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SD/- Registrar (Judicial)

Pattom Sasidharan v. Commissioner of Transport

Case brief

What is this about?

What did the court decide?

Pattom Sasidharan v. Commissioner of Transport

Case brief

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