JESTIN THOMAS Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners have filed the writ petition seeking the following reliefs:-

(2.) The dispute relates to the location for parking place for auto taxis or motor cabs within the Panchayat area. The petitioners are owners and drivers of the new generation of vehicles known as Auto Taxis or Motor Cabs. Respondents 5 to 7 are Trade Unions of the auto rickshaw drivers plying in and around Athani in Ernakulam District. The third respondent is yet to prescribe any auto rickshaw stand within its territorial limits. There exists no prescribed auto rickshaw stand in and around Athani junction. But as a matter of practice, auto rickshaws are parked on either side of National Highway 47 at the bus stop to Aluva and Angamaly directions and also on the entry point of the road leading to Cochin International Airport. The members of respondents 5 to 7 object to the parking of auto taxis in the above mentioned points.

(3.) The first petitioner on the strength of Ext.P1 registration certificate and Ext.P2 contract carriage permit of the motor cab made Ext.P5 application before the third respondent seeking permission to park his vehicle at Athani Junction. Being aggrieved by the threat and violence from members of respondents 5 to 7, the petitioners jointly made Ext.P8 complaint before the first respondent on 18/12/2017. Despite the receipt of Ext.P8, the first respondent did not make any investigation/enquiry into the complaint lodged by the petitioners. Hence, the petitioners are before this Court.