IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937

WP(C).No. 7359 of 2015 (T)

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PETITIONER(S) :

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1. AUTO RISKCHAW THOZHILALI UNION (B.M.S)

POOCHAKKAL, CHERTHALA, ALAPPUZHA,

REPRESENTED BY CONVENER VINOD D.

2. AUTO RICKSHAW THOZHILALI UNION (I.N.T.U.C) POOCHAKKAL,

CHERTHALA, ALAPPUZHA, REP. BY CONVENER ANAS K.A.

BY ADV. SRI.ALEXANDER PETER

RESPONDENT(S):

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1. DISTRICT COLLECTOR, ALAPPUZHA,

OFFICE OF COLLECTORATE, ALAPPUZHA-688 001.

2. DISTRICT SUPERINTENDENT OF POLICE,

OFFICE OF DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA-688 001.

3. REGIONAL TRANSPORT OFFICER,

OFFICE OF REGIONAL TRANSPORT OFFICE, ALAPPUZHA-688 001.

4. SUB INSPECTOR OF POLICE, POOCHAKKAL

POLICE STATION, POOCHAKKAL, SUB INSPECTOR POLICE STATION,

POOCHAKKAL, ALAPPUZHA DISTRICT-688 566.

* ADDITIONAL R5 & R6 IMPLEADED

5. NASEEB K.A,

KEEPARAMBU, TRICHATTUKULAM P.O., CHERTHALA,

ALAPPUZHA - 688 559.

6. SIRAJ C.A,

CHATHANATTU (H), VADUTHALA JETTY PO., CHERTHALA, PIN- 53.

* ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 17.03.2015 IN

I.A.NO.3756 OF 2015.

R1 TO R4 BY GOVERNMENT PLEADER SRI.K.K.SAIDALAVI

ADDL.R6 BY ADV. SRI.R.DIVAKARAN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 27-07-2015, ALONG WITH W.P.(C).NO.12660 OF 2015, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 7359 of 2015 (T)

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APPENDIX

PETITIONER(S)' EXHIBITS :

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EXHIBIT P1:

PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF AUTO

RICKSHAW KL-07-BJ-6769 OWNED BY 1ST PETITIONER.

EXHIBIT P2:

PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION OF AUTO

RICKSHAW KL-32-E765 OWNED BY 2ND PETITIONER.

EXHIBIT P3:

PHOTOCOPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO

THE 1ST PETITIONER VINOD FOR HIS AUTO RICKSHAW KL-07-BJ-6769

PERMITTING TO PLY FROM PERUMBALAM JUNCTION.

EXHIBIT P4:

THE PHOTOCOPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO

THE 2ND PETITIONER KL-32-E-765 TO PLY FROM KOMBANAMURI.

EXHIBIT P5:

THE PHOTOCOPY OF THE JUDGMENT DATED 24.02.2014 IN

W.P.(C).NO.30009/2013.

EXHIBIT P6:

THE PHOTOCOPY OF THE ORDER OF THE FIRST RESPONDENT

DISTRICT COLLECTOR ALAPPUZHA TO ALLOW THE AUTO TAXI'S TO

PARK IN THE AUTO STAND ALONG WITH AUTO RICKSHAWS AND

ALLOW THEM TO PLY ALONG WITH AUTO RICKSHAWS BASED ON

THE JUDGMETN IN W.P.(C).NO.30009/2013 OF THE HON'BLE HIGH

COURT.

EXHIBIT P7:

THE PHOTOCOPY OF THE JUDGMENT DATED 19.02.2015 IN

W.P.(C).NO.30608/2014.

EXHIBIT P8:

THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY

ADV.ALEXANDER PETER ON BEHALF OF THE PETITIONERS TO

THE RESPONDENTS 1 TO 4.

EXHIBIT P9:

THE PHOTOCOPY OF THE ACKNOWLEDGEMENT CARDS SHOWING

THAT THE RESPONDENTS RECEIVED THE REPRESENTATION OF THE

PETITIONERS SENT BY THE ADVOCATE ON THEIR BEHALF.

RESPONDENT(S)' EXHIBITS :

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NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.V.RAMAKRISHNA PILLAI, J

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WPC Nos.7359 & 12660/2015

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Dated this the 27^th day of July, 2015

JUDGMENT

These writ petitions relate to the parking of auto

taxis within the local limits of Arookutty Grama Panchayat.

2. WPC No.7359/2015 is filed by the Autorickshaw

Thozhilali union at Poochakkal. They are aggrieved by

Ext.P6 order of the first respondent District Collector by

which the auto taxis plying in Poochackal area were

allowed to park along with the autorickshaws in view of

the judgment of this Court in WPC No.30009/2013. The

petitioners point out that the judgment in WPC

No.30009/2013 do not allow auto taxis to park along with

the autorickshaws in the various stands in Poochakk