LAWS(KER)-2011-7-70

VARGHESE P V Vs. SUB INSPECTOR OF POLICE

Decided On July 14, 2011
VARGHESE.P.V Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioners 1 to 5 claim to be owners of goods carriage vehicles having valid permits. THE issue pertains to parking of their vehicles on the public roads near the Cochin International Airport at Nedumbasseri. Allegation is that the 3rd respondent trade union and its members are causing obstruction to the parking of the vehicles belonging to the petitioners in public roads and from engaging in transport of cargo from the International Airport. Despite complaints made by the petitioners about the illegal obstructions, respondents 1 and 2 are not taking effective actions and hence the petitioners are seeking police protection to have their vehicles parked in the public roads and to take trips with respect to transport of cargo from the Airport.

(2.) IN the counter affidavit filed by the 3rd respondent, it is mentioned that a 'turn system' has been introduced with respect to the transport of cargo from the Airport as evidenced from Ext.R3(a). It is contended that the petitioners are also parties to such settlement and they have also singed in Ext.R3(a) agreement of the 'turn system'. However, the petitioners are disputing the agreement with respect to the turn system. It is contended that the signature of the first petitioner was obtained in Ext.R3(a) without disclosing about any such decision regarding the 'turn system'.

(3.) CONSIDERING the circumstances now prevailing, we are of the opinion that the 3rd respondent has no manner of right to create any obstruction to the parking of the vehicles belonging to the petitioners or from the vehicles being engaged for transport of goods from the cargo station. If any obstruction is caused in this regard, respondents 1 and 2 shall take appropriate steps to remove such obstruction. However, if any competent authority takes any decision evolving any settlement introducing 'turn system', the petitioners should also abide by such decision with respect to transport of goods from the cargo stations. The writ petition is disposed of with observations and the directions contained herein in above.