MANAGING DIRECTOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking police protection for removing illegal and unauthorized obstruction caused by the respondents 4 and 5, who claim to be the President and Secretary of the Tourist Taxi Drivers Association, Munnar, and the supporters under them, for the operation of his vehicle bearing No. KL-05 AP/3145 .

(2.) It is stated by the petitioner, who is the Managing Director of Kondody Motors Private Ltd. that he is conducting contract carriage operation for the convenience of tourists and troops in accordance with the schedule arranged by them. Recognized and approved travel agencies arrange the travel of tourists with the petitioner and he is holding valid permit for the same. He used to collect tourists from Munnar and drop them at places like Nedumbassery Airport, Ernakulam and Alappuzha and while so, the operation of his vehicle was illegally obstructed by the respondents 4 and 5 at Munnar and they threatened and prevented him from operating the vehicle and that on his complaint, a crime was registered against them. Still he finds it difficult to continue with his business and hence this petition.

(3.) The 2nd respondent, who is the Inspector of Police, Devikulam holding additional charge of the Inspector of Police, Munnar, filed counter affidavit contending that the petitioner, who is having contract carriage permit for his vehicle bearing registration No. KL-05/AP 3145, is actually conducting illegal parallel service and the employees of the bus used to canvass tourists from Munnar to various destinations. The Motor Vehicles Department booked the petitioner for conducting illegal parallel service, but that fact was not disclosed in the petition. One Easwaran of Munnar is canvassing tourists to the petitioner's bus for travelling to various destinations like Ernakulam and Alappuzha, adversely affecting the plying of vehicles by the tourist taxi drivers and therefore, they objected the same, which culminated in an altercation and clash between each other and the police registered cases against both sides as Crime Nos. 981/2017 and 983/2017. The Motor Vehicles Inspector on his inspection found that the petitioner is operating service by displaying destination boards and charging a fare of Rs.350/- from each passengers contrary to the averments in the petition. He used to pick up passengers included in the list furnished by 'Kyrose Connects Travel Agency' also. But Police protection is sought for, to continue with the illegal operation violating the contract carriage permit.