SURESH KUMAR S PRESIDENT Vs. M R RANJAN

JUDGEMENT

(1.) Taking notice of the common nature of the contentions that had been urged by the parties, the two Writ Petitions, as above, were heard together and could be disposed of by a common judgment, although facts which have been narrated in the petitions, are to be adverted to separately.

(2.) Petitioners are respectively the President and Secretary of an Association, functioning at Kottayam District, representing a class of persons known as Transporting Agents. Originally, there were five private respondents. 6th and 7th respondents respectively are the Superintendent of Police, Kottayam and the Circle Inspector of Police, West Police Station, Kottayam. Additional 8th respondent - Regional Transport Officer, Kottayam-- had been impleaded. An impleading petition as I.A.No. 7362 of 2005 had been filed by the Lorry Owners Federation, Kottayam, as they would have been affected by the orders passed, indirectly.

(3.) According to the petitioners, intervention of the Police was required for facilitating the normal business that their members were carrying on, since the private respondents have been obstructing them incessantly. Such respondents claimed to be members of the Lorry Owners Association of the district. They were insisting that goods from various business establishments were to be loaded to lorries on the basis of a newly introduced turn system and business therefore should be processed through them alone. The petitioners, over a considerable period of time, were engaged in the business of 'canvassing goods transport'. They allege that while the work was independently being carried on, the said respondents were coming in between and insisted for a change of pattern. By muscle power, they were attempting to enforce a rule that without their consent no lorry was to be engaged by a private individual. It is alleged that there was use of force when lorries were booked by private parties by themselves. It is asserted that such a group had no right to impose their conditions as the petitioners were engaged in a lawful business. Any turn system should only be voluntary. Without authority of law, when such business was interrupted, according to them, the Police had a duty to come to their help. The helpless lorry transporters from outside States, who heavily depended on the petitioners for loads for their return trips were special targets, and reign of terror was being introduced. Though on a few occasions, crimes were registered, the police did not make their effective presence when occasion demanded.