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2013 Supreme(Ker) 423

S.SIRI JAGAN, K.RAMAKRISHNAN
Jose Sebastian – Appellant
Versus
Sub Inspector of Police Pala Police Station, Kottayam – Respondent


Advocates Appeared:
For the Petitioners:T.A. Unnikrishnan, K.S. Praveen, Advocates.
For the Respondents:R1, P. Vijayaraghavan, State Attorney, P.A. Muhammed Shah, Government Pleader, R2, V.M. Kurian, R3-R6, P.J. Justine, M.A. Jeemon, Advocates.

Judgment :

S. Siri Jagan, J.

1. The petitioners are two autorickshaw drivers. They are new entrants to the profession of plying auto-rickshaw for a living. They are residents of Pala in Kottayam District. There are 24 approved autorickshaw parking centers within the limits of Pala Municipality. There is no restriction by any authority, particularly the Municipality, in parking autorickshaws in a particular auto stand. The petitioners wanted to park their auto- rickshaws and ply the same for a living, from the auto stand of their choice. But respondents 3 to 6, are obstructing the petitioners from parking their auto in the stand where respondents 3 to 6 are parking auto-rickshaws. Despite request in that regard for police assistance, the 1st respondent did not respond. It is under the above circumstances, the petitioners have filed this Writ Petition seeking the following relief:

"issue a writ of mandamus or such other writ, order or direction, directing the 1st respondent to afford sufficient and meaningful protection to the petitioners to ply their autorickshaw, stationing them in any of the approved autorickshaw stands within the Municipality of Pala, without any threat or obstru





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