Prasannakumar K.K. vs The Sub Inspector of Police and Others

K.M. Joseph, J.—The petitioner has approached this Court seeking the following reliefs:

i) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 3 to provide adequate protection to the petitioner and his vehicle bearing No. KL-37 4374 as a contract carriage for taking trip from the auto stand in Thookkupalam;

ii) issue a writ of mandamus or other appropriate writ, order or direction to direct the 2nd respondent to take appropriate action on Exhibit P5 complaint;

iii) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 4 to 6 to stop the illegal action against the petitioner and allow the petitioner to park and avail trip from the SNDP Jn. Auto stand and nearly places;

Briefly put, the case of the petitioner is as follows:

The petitioner is an unemployed person who purchased an autorickshaw for his livelihood by availing finance from a Financier. The petitioner registered the autorickshaw before the RTO, Vandiperiyar, who is already impleaded as the additional 7th respondent. The petitioner is having permit issued by the R.T.O. Respondents 4 to 6 are obstructing the petitioner from parking his vehicle and to get trip from the SNDP Jn. Auto stand, Thookkupalam without any reason. The petitioner has filed Ext.P5 complaint against the illegal act of respondents 4 to 6.

We have heard the learned Counsel for the petitioner and the learned Government Pleader. Permit produced by the petitioner does not show that the petitioner has a right to park his vehicle at SNDP Jn. Auto stand, Thookkupalam. The learned Counsel for the petitioner has subsequently produced Ext.P6 representation to the Joint R.T.O. Vandiperiyar, Idukki District. The learned Counsel for the petitioner would submit that a decision may be taken on Ext.P6. The learned Government Pleader also submits that a decision may be taken accordingly.

We dispose the writ petition by directing the additional 7th respondent to consider and take a decision on Ext.P6, in accordance with law, within a period of one month from the date of production of a copy of the judgment before him.