Court made the interim order in WP(C) 878 of 2018 absolute, granting parking facilities to autorickshaw drivers subject to Police Clearance Certificates, and closed the writ petition.
Interim order made absolute and writ petition closed.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE V.G. ARUN
WEDNESDAY, THE 12TH DAY OF JUNE 2019 / 22ND JYAISHTA, 1941
WP(C).No. 878 of 2018
PETITIONER/S:
1 JOSEPH GEORGE, EBEN EZER, T.C 19/1680, KESAVDEV ROAD, POOJAPPURA P.O,THIRUVANANTHAPURAM.
2 V. TAMIL SELVAN ANSALI, T.C 19/1553(1), THAMALAM, POOJAPPURA P.O,THIRUVANANTHAPURAM.
BY ADV. SRI.BASANT BALAJI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
WP(C).No. 878 of 2018 2
4 DEPUTY STATION MASTER (COMMERCIAL) SOUTHERN RAILWAY, TRIVANDRUM CENTRAL - 695 001.
6 ANIKUMAR SECRETARY B.M.S THAMPANOOR RAILWAY PRE-PAID UNIT, THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM - 695 001.
7 JAYAN
SECRETARY, I.N.T.U.C, THAMPANOOR RAILWAY PRE-PAID UNIT, THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM - 695 001.
SECRETARY A.I.T.U.C, THAMPANOOR RAILWAY PRE-PAID UNIT, THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM - 695 001.
BY ADVS. GOVERNMENT PLEADER SMT.ACHU SUBHA ABRAHAM SRI.GOPAKUMAR R.THALIYAL SMT.V.T.LITHA SRI.PHILIP T.VARGHESE SRI.RAHUL RAJ SRI.THOMAS T.VARGHESE
R1 & R2 BY SRI. P.P. THAJUDHEEN, SR. GOVERNMENT PLEADER
R3 & R4 BY SRI. C.S. DIAS, STANDING COUNSEL RAILWAY R6 BY SRI. GOPAKUMAR.R. THALIYAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 878 of 2018 3
JUDGMENT
All parties agree that after passing interim order dated 16.03.2018, there is absolutely no law and order situation.
2. Read order dated 16.03.2018:
“There shall be an interim order, directing that if any interference is caused to the parking of the autorickshaws of the petitioners, the Police shall interfere and enable such parking of the vehicles of the petitioners. As far as the petitioners 1 & 4 are concerned, the order would be subject to the petitioners producing the Police Clearance Certificate of a recent issuance.”
We make the interim order absolute and
hence the writ petition would stand closed. No order as to costs. If petitioners 1 & 4 have already produced the Clearance Certificates, they need not be required so to do, again.
Sd/-
K. VINOD CHANDRAN JUDGE
Sd/V.G. ARUN JUDGE
//True Copy// P.A. To Judge
sp/12/06/19
WP(C).No. 878 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF THE PARKING FEE IN RESPECT OF THE 1ST PETITIONER FOR THE AUTORICKSHAW WITH REGISTRATION NO KL-01-BF-8455. EXHIBIT P3 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF THE PARKING FEE IN RESPECT OF THE 2ND PETITIONER FOR THE AUTORICKSHAW WITH REGISTRATION NO KL-01-AX-5447. EXHIBIT P4 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF THE PARKING FEE IN RESPECT OF THE 3RD PETITIONER FOR THE AUTORICKSHAW WITH REGISTRATION NO KL-01-BG-2307.
EXHIBIT P5 TRUE COPY OF THE RECEIPT FOR THE PAYMENT OF THE PARKING FEE IN RESPECT OF THE 2ND PETITIONER FOR THE AUTORICKSHAW WITH REGISTRATION NO KL-01-BE-2359.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.
WP(C).No. 878 of 2018 5
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DTD 21/08/2017 IN WP(C) NO 25668 OF 2017. RESPONDENT/S' EXHIBITS
EXHIBIT R6(a) TRUE COPY OF THE ORDER PASSED BY THE SENIOR DIVISIONAL COMMERCIAL MANAGER, DIVISIONAL OFFICE, COMMERCIAL BRANCH, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DATED 26.10.2017 EXHIBIT R6(b) TRUE COPY OF THE RELEVANT EXTRACT OF THE REGISTER. EXHIBIT R6(c) TRUE COPY OF THE MINUTES OF THE MEETING DATED 24.10.2017 ANNEXURE R2(a) A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.199/2005 OF MUSEUM POLICE STATION. ANNEXURE R2(b) A TRUE PHOTOCOPY OF THE NON-BAILABLE WARRANT ISSUED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, THIRUVANANTHAPURAM IN LP NO.77/2009 ANNEXURE R2(c) A TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION DATED 05.02.2018 ANNEXURE R2(d) A TRUE PHOTOCOPY OF THE FIR AND THE CHARGE SHEET IN CRIME NO.375/13 OF THAMPANOOR POLICE STATION. ANNEXURE R2(e) A TRUE PHOTOCOPY OF THE FIR AND THE CHARGE SHEET IN CRIME NO.658/2012 OF THAMPANOOR POLICE STATION. ANNEXURE R2(f) A TRUE PHOTOCOPY OF THE FIR AND THE CHARGE SHEET IN CRIME NO.1541/13 OF THAMPANOOR POLICE STATION. ANNEXURE R2(g) A TRUE PHOTOCOPY OF THE FIR AND THE CHARGE SHEET IN 297/2005 OF MUSEUM POLICE STATION.
WP(C).No. 878 of 2018 6
ANNEXURE R2(h) A TRUE PHOTOCOPY OF THE ORDER PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, THIRUVANANTHAPURAM DATED 21.01.2013
Joseph George & Ors.
State of Kerala
Sub Inspector of Police Thampanoor
Senior Divisional Commercial Manager, Southern Railway
Deputy Station Master (Commercial), Southern Railway
Sanal Kumar
K. Vinod Chandran
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
