JOSE SEBASTIAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners are two autorickshaw drivers. They are new entrants to the profession of plying autorickshaw for a living. They are residents of Pala in Kottayam District. There are 24 approved autorickshaw parking centers within the limits of Pala Municipality. There is no restriction by any authority, particularly the Municipality, in parking autorickshaws in a particular auto stand. The petitioners wanted to park their autorickshaws and ply the same for a living, from the auto stand of their choice. But respondents 3 to 6, are obstructing the petitioners from parking their auto in the stand where respondents 3 to 6 are parking autorickshaws. Despite request in that regard for police assistance, the 1st respondent did not respond. It is under the above circumstances, the petitioners have filed this Writ Petition seeking the following relief:

(2.) We have heard the learned Government Pleader also. Every citizen of this country, who wants to eke out a livelihood selecting plying of autorickshaw as a profession, has aright to earn that livelihood from any stand unless it is prohibited by law. At present there is no law prohibiting the petitioners from plying their vehicles from this particular stand, which is allegedly obstructed by respondents 3 to 6. But, of course, it is for the Government and the concerned Municipality to see that appropriate rules are framed to regulate number of autorickshaws which can be plied from a particular stand, depending on the infrastructural facilities available in that stand. But until and unless they do so, nobody can prevent the petitioners from plying their autorickshaws from a particular stand. Respondents 3 to 6 have filed a counter affidavit stating that they are not obstructing the petitioners and they will not do so also. That statement is recorded. However, contrary to the same if any untoward thing happens, the first respondent shall see that appropriate preventive measures are taken to redress the grievance of the petitioners.