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2014 Supreme(Online)(KER) 30095

HIGH COURT OF KERALA
MANJULA CHELLUR , JC, A.M.SHAFFIQUE , J
AJAS K A – Appellant
Versus
AJEESH K A – Respondent


Advocates:
['JESWIN P VARGHESE', 'SRI SHANAVAS KHAN BO,ASOK M CHERIAN,DINESH R SHENOY,T S SAUMYA']

JUDGMENT

Shaffique, J.

The petitioner has approached this Court for police protection to park their vehicles in the taxi-stand and to take passengers and ply it as taxi through all the roads in Kerala. The petitioners are registered owners of motor-cab (taxi) having brand name “TATA MAGIC IRIS”. They have obtained contract carriage permit issued by Regional Transport Officer, Ernakulam to ply their vehicles as taxi through all the roads in Kerala. The vehicle can carry three passengers.

2. The complaint of the petitioner is that respondents 4 to 9 are auto drivers attached to the stands where the petitioners' vehicles are also parked and they are not permitting the petitioners' vehicles to park in the auto stands and to take passengers.

3. Counter affidavit is filed by respondents 4 and 8 inter alia contending that auto taxies cannot be parked in the auto stands as auto is separately defined under the provisions of the Act and WP(C).30807/13 they cannot be treated as auto. The Municipality has stated that they have not demarcated any separate place for auto taxies whereas they have given specific areas to park autorikshaws and it is sent for approval to the regional transport authoriti

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