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2026 Supreme(Online)(Ker) 4621

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SIDHU VIKRAMAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 23010 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.R.SANTHOSH MAHADEVAN, SHRI.MUKESH KUMAR GANDHI, SHRI.R.RAHUL KRISHNAN, SHRI.YAYATHI VIJAYAN, SHRI.ADWAITH SUSEEL, SHRI.VINEETH KUMAR E.V
For the Respondents: SHRI.SIJU KAMALASANAN, SC, VARKALA MUNICIPALITY

The Court affirmed the interim order for police protection while the municipality works on establishing autorickshaw stands.

Headnote:The writ petition seeks a mandamus for police protection to operate an autorickshaw. The Court, while considering a prior order for interim police protection, allows the continuance of the interim order as the municipality seeks to establish a permanent solution for autorickshaw parking. The resolution by the municipality and Traffic Regulatory Committee to address the allocation of autorickshaw stands was noted. The interim order is made absolute.

JUDGMENT

The above writ petition is filed seeking the following prayers:-

“i. order to issue a writ of mandamus or other appropriate writ, or direction to the 2nd Respondent to afford adequate and effective police protection to the petitioner for parking and operating autorikshaw bearing Reg. No. KL-81B 3439 from the auto stand at goods shed road opposite to Varkala Railway Station.

ii. such other reliefs that may deem fit and proper in the nature and circumstances of this case.”

2. When this writ petition came up for consideration on 06.01.2026, this Court passed the following order:-

“The 2nd respondent is directed to a and effective police protection to the petitioner for parking and operating autorickshaw bearing Reg.No.KL81B 3439, in accordance to the permit issued to him.

Post on 21.01.2026.”

3. Now a statement is filed by the 3rd respondent, it will be better to extract the relevant portion of the same, which reads as under:-

“2. The above writ petition was filed by the petitioner seeking issuance of writ of mandamus or other appropriate writ order or direction to the 2nd respondent to afford adequate and effective police protection to the petitioner for parking and operating autorikshaw bearing Reg. No.KL-81B 3439 from the auto stand at Goods Shed Road opposite to Varkala Railway Station.

3. It is respectfully submitted that, pursuant to Resolution No. 8 dated 19.12.2024 passed by the Varkala Municipal Council, a report has been sought from the Traffic Regulatory Committee concerning the allotment of auto-rickshaw stands in various areas within the limits of the Varkala Municipality. On 23.04.2025, the Traffic Regulatory Committee convened a meeting, and pursuant to the decision taken therein, the Joint Regional Transport Officer was authorized to conduct a detailed study on the matter and submit a report accordingly. Subsequently on 27.05.2025 a meeting was scheduled by the Traffic Regulatory Committee, but it was cancelled due to the inconvenience of the Joint Regional Transport Officer. Although the Traffic Regulatory Committee deliberated upon the issue in its meeting held on 29.08.2025, in the absence of a report from the officials of the Motor Vehicles Department regarding the arrangement of auto-rickshaw stands, it was resolved to convene an extensive meeting of the Traffic Regulatory Committee with the participation of public representatives, civic leaders, traders and industrialists, representatives of labour organisations, representatives of autorickshaw and private bus labour organisations, and representatives of autorickshaw and private bus owners, for the purpose of identifying suitable locations for the establishment of auto-rickshaw stands and demarcating parking and no-parking areas within the limits of the Municipality.

4. It is submitted that necessary steps are being taken for the purpose of establishing autorickshaw stands in suitable places.”

4. From the above, it is revealed that the 3rd respondent is taking steps to find out a permanent parking space. The 3rd respondent is free to do the needful, in accordance with law. Till then, the interim order can be retained.

Therefore, this writ petition is disposed of with the following directions:-

1. The interim order dated 06.01.2026 is made absolute.

2. I make it clear that the 3rd respondent is free to proceed with the meeting to sort out the issue, in accordance with law and till then, the interim order will continue.

Sd/-

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