Vibin Joseph M.R. v. State of Kerala & Ors.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942** ## **WP(C).No.26460 OF 2020(F)** ## **PETITIONER:** **VIBIN JOSEPH M.R. AGED 39 YEARS S/O. RAPHEAL, MOOLAMKUZHY HOUSE, MUTTINAKAM, VARAPUZHA P.O, PIN - 683517.** **BY ADVS. SRI.N.RAGHURAJ SHRI.SREEKUMAR S** ## **RESPONDENTS:** ||**1**|**THE STATE OF KERALA**| |---|---|---| |||**REPRESENTED BY THE PRINCIPAL SECRETARY TO THE**| |||**GOVERNMENT, HOME DEPARTMENT, GOVERNMENT**| |||**SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.**| ||**2**|**THE CIRCLE INPSECTOR OF POLICE,**| |||**VARAPUZHA POLICE STATION, VARAPUZHA, KERALA -**| |||**683517.**| |*****|**3**|**(DELETED)**| |||**AUTORICKSHAW DRIVERS UNION(CITU),**| |||**REPRESENTED BY ITS GENERAL SECRETARY, T.A.**| |||**GOPI, THALIATHPARAMBIL, PUTHENPALLY,**| |||**VARAPUZHA - 683517.**| |||**RESPONDENT NO.3 IS DELETED FROM THE PARTY**| |||**ARRAY AT THE RISKS OF THE PETITIONER, AS PER**| |||**ORDER DATED 05-02-2021 IN IA NO.3/2021 IN**| |||**WP(C)26460/2020.**| -2- WP(C).No.26460 OF 2020(F) - **4 AUTORICKSHAW DRIVERS UNION(INTU) REPRESENTED BY ITS PRESIDENT, SHAJI K.S, KADATHUKADAVIL, CHIRAKKAKAM, VARAPUZHA, PIN - 683517.** - **5 AUTORICKSHAW DRIVERS UNION(BMS) REPRESENTED BY ITS SECRETARY, SAJEEV B.A, BHAGAVATHIPARAMBU, CHIRAKKAKAM, VARAPUZHA, PIN - 683517.** **R BY SRI.SUNIL NATH, GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- WP(C).No.26460 OF 2020(F) ## **JUDGMENT** The petitioner, who lost his employment as a stage carriage driver due to Covid-19 Pandemic, has purchased a pre-owned autorickshaw bearing registration No.KL-42/F0230, covered by Ext.P1 registration certificate and Ext.P2 contract carriage permit issued by the Sub Regional Transport Authority, North Parur, which is valid for the period from 10.10.2020 to 09.10.2025 with parking place as 'Varappuzha Panchayath Area'. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2[nd] respondent Circle Inspector of Police, Varappuzha Police Station to afford necessary and adequate police protection, by removing the illegal and unauthorised obstruction caused by respondents 3 to 5 and their supporters, for the operation of his autorickshaw with parking place at 'Varappuzha Market Autorickshaw Stand', as stipulated in Ext.P2 permit. The petitioner has also sought for a declaration that respondents 3 to 5 and their supporters have no right or authority in any manner to interfere or obstruct the operation of his autorickshaw from 'Varappuzha Market Autorickshaw Stand'. WP(C).No.26460 OF 2020(F) -4- 2. On 01.12.2020, when this writ petition came up for admission, this Court issued notice before admission to the respondents. The learned Government Pleader took notice for respondents 1 and 2 and notice by speed post was ordered to respondents 3 to 5. 3. Despite service of notice, none appears for respondents 4 and 5. By a separate order of this date, the 3[rd] respondent is deleted from the party array, at the risks of the petitioner. 4. Heard the learned counsel for the petitioner and also the learned Government Pleader for respondents 1 and 2. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to -5- WP(C).No.26460 OF 2020(F) ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, welltrained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not -6- WP(C).No.26460 OF 2020(F) use more force than the occasion warrants." 7. In **Manohar Lal Sharma v. Principal Secretary** **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. The issue that arises for consideration in this writ petition is as to whether the petitioner is entitled for an order of police protection, so as to enable him to ply his autorickshaw covered by Ext.P2 contract carriage permit by parking the same at 'Varappuzha Market Autorickshaw Stand', without any obstruction being caused to respondents 4 and 5. 9. The learned Government Pleader, on instructions, would submit that about 80 autorickshaws are issued with contract carriage permits with parking place within 'Varappuzha Panchayath Area'. The available parking places are not at all sufficient to park the entire vehicles. -7- WP(C).No.26460 OF 2020(F) 10. Ext.P2 contract carriage permit is one issued in terms of Rule 144(b) of the Kerala Motor Vehicles Rules, 1989 with the parking place at 'Varappuzha Panchayat Area'. Therefore, on the strength of Ext.P2 contract carriage permit, the petitioner can park his autorickshaw in 'Varappuzha Market Autorickshaw Stand', which is within 'Varappuzha Panchayat Area', subject to availability of space in that parking place, along with others holding similar contract carriage permits. No parking place earmarked for parking autorickshaws can be claimed exclusively by a group of autorickshaw drivers, based on their membership in a particular union, or otherwise. 11. In such circumstances, this writ petition is disposed of with the following directions; (i) The 2[nd] respondent Circle Inspector of Police shall render necessary police protection to the life and property of the petitioner from any threat, at the instance of respondents 4 and 5 and their supporters, in connection with the parking of his autorickshaw covered by Ext.P1 certificate of registration and Ext.P2 contract carriage permit in 'Varappuzha Market Autorickshaw Stand'. (ii) In case there is any threat to law and order or to the life and property of the petitioner, in connection -8- WP(C).No.26460 OF 2020(F) with parking of his autorickshaw covered by Ext.P1 certificate of registration and Ext.P2 contract carriage permit at 'Varappuzha Market Autorickshaw Stand', from the side of respondents 4 and 5 and their supporters, the petitioner shall approach the 2[nd] respondent Circle Inspector of Police with a proper request for police protection, in which event, the said respondent shall consider that request and take necessary action, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. Sd/- ## **ANIL K.NARENDRAN, JUDGE** AV/08/02 -9- WP(C).No.26460 OF 2020(F) ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF THE REGISTRATION (FORM 23) OF KL-42F 0230. EXHIBIT P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT DATED 15.10.2020. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 18.11.2020. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 10.03.2020 IN WP(C) NO. 22161 OF 2019 (U).**