The judgment affirmed the necessity of state protection for legal business operations against unlawful actions by private groups.

JUDGMENT

Ramachandra Menon, J.

The petitioner has moved this Court with the following prayers :

“i) To issue a writ of mandamus or any other appropriate writ or order directing respondents 1 and 2 to afford adequate and effective protection to the petitioner for parking and plying his auto rickshaw bearing Reg. No. KL 02/AX-750 in any of the approved auto stands in Kollam city including at Kollam Bus Stand against the threat and illegal activities of party respondents and their union members;

ii) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to consider and pass orders on Ext. P4 complaint; and iii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs.

2. Despite completion of service of notice, the private respondents have not chosen to appear. Hence the pleadings stands uncontroverted. On 27.03.2019, the following interim order was passed:

“Heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents 1 to 3. Considering the materials on record this Court is of the prima facie view that the petitioner be permitted to operate his autorikshaw bearing Registration No. KL 02 AX 7501 on the strength of Ext. P3 which is valid from 24.06.2016 to 23.06.2021 on all fit routes in Kollam with permission to park at any authorised auto stand in Kollam city, subject to space availability under CMVR 122 [as endorsed in Ext. P3].

2. In the said circumstances, there will be an interim direction as sought for and if there is any forceful obstruction from the part of the respondents 5 and 6 or anybody under them, it shall be for the 2nd respondent to provide adequate and effective protection to the petitioner to give effect to this order abating the threat to the Rule of law.

3. Post the matter on 09.04.2019”

3. The learned senior Government Pleader submits that the petitioner is plying autorikshaw during the day time as well as in the night. In respect of service conducted during night time, so as to preserve the safety and security, the Police has imposed certain restrictions. It is necessary to furnish the particulars of the driver to the police and it is being implemented on unit basis. The learned counsel for the petitioner submits that the petitioner is ready to comply with such restrictions and that the grievance is only with regard to the high handed activities being pursued by the private respondents herein. In the said circumstances, the interim order is made absolute, subject to the rider as aforesaid.

Sd/-

P.R.RAMACHANDRA MENON JUDGE Sd/-

N.ANIL KUMAR kmd JUDGE APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DRIVING LICENCE OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF AUTO RICKSHAW BEARING REG.

NO. KL-02-AX-7501 EXHIBIT P3 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF AUTO RICKSHAW BEARING REG. NO. KL-02-AX-

7501 EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 10/12/2018 SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED 4/2/2019 RECEIVED UNDER RIGHT TO INFORMATION ACT.