Disposed

Motor Cab Taxi Drivers Association, v. District Collector

Kerala HC2 Jul 2021WP(C)/4102/2020

Case brief

AI extract

What is this about?

This petition challenged the non-constitution of parking stands for motor cabs and autorikshaws at the Alappuzha Medical College and sought a ban on unauthorized parking. The court noted that 14 out of 15 proposed stands were acceptable but directed the petitioner to raise the specific grievance concerning the 15th stand before the Traffic Advisory Committee, finding no illegality regarding the re

What did the court decide?

Petitioner permitted to approach Traffic Advisory Committee for redressal; no order against respondents 7 to 12.

Motor Cab Taxi Drivers Association, Vs District… — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

FRIDAY, THE 2^ND DAY OF JULY 2021/11TH ASHADHA, 1943 WP(C) NO. 4102 OF 2020

¶5

PETITIONER:

¶6

MOTOR CAB TAXI DRIVERS ASSOCIATION, ALAPPUZHA MEDICAL COLLEGE UNIT, VANDANAM, REPRESENTED BY ITS CONVENOR, SRI.SHAHUL HAMEED K., S/O KOCHU MUHAMMED, IDAPPADOM, TDMC P.O., ALAPPUZHA DISTRICT, PIN-688 005.

¶7

BY ADV RENNY AUGUSTINE

¶8

RESPONDENTS:

¶9

1 DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 001.

¶10

2 REGIONAL TRANSPORT OFFICER, CIVIL STATION, ALAPPUZHA PIN-688 001.

¶11

3 AMBALAPPUZHA NORTH GRAMA PANCHAYATH, TDMC P.O., ALAPPUZHA DISTRICT, PIN-688 005, REPRESENTED BY ITS SECRETARY.

¶12

4 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE ALAPPUZHA, CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN-688 012.

¶13

5 SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, PIN-688 561.

¶14

6 SUB INSPECTOR OF POLICE, PUNNAPRA POLICE STATION, PUNNAPRA.

¶15

7 AUTO THOZHILALI UNION (SDTU), VANDANAM, REPRESENTED BY ITS CONVENOR, SRI. FAISAL.

¶16

WP(C) No.4102/2020

¶17

¶18

8 AUTO THOZHILALI UNION (CITU), VANDANAM, REPRESENTED BY ITS CONVENOR, SRI. SHAMEER.

¶19

9 AUTO THOZHILALI UNION (BMS), VANDANAM, REPRESENTED BY ITS CONVENOR, SRI. GOPALAKRISHNAN

¶20

10 AUTO THOZHILALI UNION (SDTU), VANDANAM HOSPITAL JUNCTION, AMBALAPUZHA-688 561, REPRESENTED BY ITS CONVENOR, SRI. SHAMEER.

¶21

11 AUTO THOZHILALI UNION (CITU), VANDANAM HOSPITAL JUNCTION, REPRESENTED BY ITS CONVENOR, SRI. SRI.DILEEP.

¶22

12 AUTO THOZHILALI UNION (BMS), VANDANAM HOSPITAL JUNCTION, REPRESENTED BY ITS CONVENOR, SRI. VISHNU.

¶23

BY ADVS. R1,R2, R4-R6 G.P. SMT. G. RANJITA R3 SRI.BRIJESH MOHAN R7-R12 SRI.P.PRAVEEN (P-936) R7-R12 SRI.JIJO PAUL KALLOOKKARAN SRI.R.RAJPRADEEP

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.4102/2020

JUDGMENT

Dated this the 2^nd day of July, 2021

¶29

This writ petition has been filed by the Motor Cab Taxi

¶30

Drivers Association of Alappuzha Medical College Unit seeking the following reliefs:

¶31

(i) Issue a writ of Mandamus or other appropriate writ or order or direction directing the respondents 1 to 6 consider and pass orders in Exhibit P5 and P6 within a time frame to be fixed by this Hon'ble Court.

¶32

(ii) Issue a writ of Mandamus or other appropriate writ or order of direction directing the respondents 1 to 6 to close down the illegal parking of the autorikshaws and taxi stand used by the respondents 7 to 9 inside the Alappuzha Medical College.

¶33

(iii) Issue such other reliefs that this Hon'ble Court may deem fir and proper considering the nature and circumstances of this case.”

¶34

2. The Secretary to Panchayat has filed a counter

¶35

affidavit stating that after due consultation, 15 places have

¶36

been identified by the Panchayat for parking of

¶37

autorikshaws and motor cabs. The learned counsel for the

¶38

¶39

WP(C) No.4102/2020

¶40

petitioner would submit that the petitioners have no objection as regards the first 14 Stands, but has objection in the location of 15^th Auto Taxi Stand in front of SNDP Auditorium and Shopping Complex (Auto Taxi – 5 Nos. at a time).

¶41

The petitioner Association would submit that the place near south of Queen Mary's Church Shopping Centre would be more convenient place for locating Auto Taxi Stand for the general public as well as to the members of the petitioner-Association. The learned counsel for the petitioner would further submit that the members of respondents 7 to 12 Unions have been illegally parking autorikashaws within the Medical College premises.

¶42

The learned counsel for the respondents 7 to 12

¶43

stated that the members of their Unions who are autorikshaw drivers, are not parking their autorishaws illegally anywhere other than at places identified by the competent authorities.

¶44

WP(C) No.4102/2020

¶45

¶46

Heard the learned counsel for the petitioner, learned Government Pleader representing respondents 1, 2 and 4 to 6, learned Standing Counsel for the 3^rd respondent and the learned counsel for the respondents 7 to 12 Unions.

¶47

The grievance originally raised by the petitioner in this writ petition stands substantially redressed in view of the decision taken by the 3^rd respondent panchayath in locating the autorishaw stand/taxi stand as stated in their

¶48

counter affidavit. Nevertheless, the petitioner has grievance relating to Auto Taxi Stand in front of SNDP Auditorium and Shopping Complex (Auto Taxi – 5 Nos. at a time). If the petitioner has such grievance, it is for the petitioner to raise this issue before the Traffic Advisory Committee and seek to shift the auto stand to another place. If the petitioner make such an application, the Traffic Advisory Committee will consider the same in consultant with the stake holders including respondents 7 to 12.

¶49

WP(C) No.4102/2020

¶50

¶51

As the respondents 7 to 12 have stated that members of their Unions are not illegally parking autorikshaws within the Medical College compound, this Court finds no reason to pass any order in this regard.

¶52

In the afore circumstances, the writ petition is disposed of permitting the petitioner to approach the Traffic Advisory Committee for redressal of any subsisting

¶53

grievance in the matter.

¶54

Sd/-

¶55

N. NAGARESH JUDGE

ncd/02.07.2021

WP(C) No.4102/2020

APPENDIX OF WP(C) 4102/2020

¶60

PETITIONER'S EXHIBITS

¶61

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE NO ALP/TC/49/2020 DATED 23.1.2020 ISSUED BY SOCIETY REGISTRAR, ALAPPUZHA EXHIBIT P2 TRUE COPY OF THE LIST SHOWING THE NAME AND ADDRESS OF THE OWNERS AND DRIVERS WITH THE VEHICLE NUMBER EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 11.2.2015 ISSUED BY 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE MINUTES DATED 9.3.2015 EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 17.8.2019 BEFORE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 1.2.2020 BEFORE 5TH RESPONDENT

¶62

RESPONDENTS' EXHIBITS

¶63

EXHIBIT R3(a)	TRUE COPY MEETING AUTORIKSHAW	OF DAT /AUT	THE ED O TAXI	MINUTES OF 28.10.2019 DRIVERS	THE OF
EXHIBIT R3(b)	TRUE COPY	OF	THE	MINUTES OF	THE
	MEETING AUTORIKSHAW	DAT /AUT	ED O TAXI	23.11.2019 DRIVERS.	OF
EXHIBIT R3(c)	TRUE COPY	OF	THE	MINUTES OF	THE
	MEETING AUTORIKSHAW	DAT /AUT	ED O TAXI	09.01.2020 DRIVERS.	OF
EXHIBIT R3(d)	TRUE COPY 3RD RESPON 20.05.2020.	OF DENT	THE RE GRAMA	SOLUTION OF PANCHAYAT D	THE ATED

Motor Cab Taxi Drivers Association, v. District Collector

Case brief

What is this about?

What did the court decide?

Motor Cab Taxi Drivers Association, v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Georgie Alexander Vs Haaris Rasheed

Biju Mathew Elambasserry Vs Revenue Divisional Officer

K.U.Krishnakumar Vs Maradu Municipality

The Chairman , Thykkattu Dewaswom Trust Vs the Secretary, Corporation of Kochi

Muhammed Asharaf, Vs the Geologist

Hidayathulla K. Vs Kurumathoor Grama Panchayath