High CourtsSingle Bench(2021) 08 KL CK 0159

Anumod vs State Of Kerala

High Court Of Kerala · Decided on 25 August 2021

HON’BLE JUDGES
Mohammed Nias C.P., J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 9221 Of 2020

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Judgment

14 paragraphs · 252 words

 Mohammed Nias.C.P.,J

1.

The petitioners, claiming to be autorickshaw drivers plying around the Vyttila Hub stand, have filed this writ petition alleging that they are not being

allowed to run their autorickshaws on account of the obstructions caused by the splinter group of the trade union in which they are members. At the

outset, it is to be noticed that none of the persons allegedly obstructing the petitioners have been impleaded in the above writ petition nor is there any

complaint made to the police naming the persons who allegedly committed the overt acts.

2.

Sri.M.Ajay, the learned counsel appearing for the 3rd respondent also submits that the writ petition should not be entertained as necessary parties

are not impleaded.

It is also submitted that the writ petition was filed as early as on 20.03.2020, and no interim order was passed.

3.

The learned Government Pleader, on instructions, submits that there is no breach of peace or law and order situation and that the disputes are on

account of the split among the members of the trade union. He further submits that in case of any threat to the maintenance of law and order and if a

proper complaint is made by the petitioners, it will be looked into and appropriate action taken in accordance with law. In case such a complaint is

preferred, the concerned respondents will take appropriate action in accordance with law. The views of the 3rd respondent herein also must be

ascertained.

The writ petition is disposed.