Kerala High Court: A Division Bench comprising of P.R. Ramachandra Menon and N. Anil Kumar, JJ. allowed a petition challenging the obstruction caused by Auto Rickshaw Union of Irrity area to the driver who was stopped from plying his vehicle despite possession of a valid permit.
Petitioner, owner of a contract carriage (auto rickshaw) obtained a contract carriage permit to ply the said vehicle in the place mentioned therein, subject to the condition that he shall not park it or pick up passengers in it from/within the city. However, he was forcefully obstructed from parking the vehicle at Iritty by the Irrity Auto Rickshaw Union stating that the same could be done only by members of their Union. Petitioner’s representations to the police yielded no results which prompted him to file the instant petition contending that the actions of Irrity Auto Rickshaw Union were contrary to the provisions of law and his vested rights.
The Court held that in so far as the petitioner was plying the vehicle strictly in terms of contract carriage permit obtained by him, there could not be any forceful obstruction from any corner. The petition was disposed of opining that in case of any such obstruction, the same be brought to the notice of Sub Inspector of Police who was directed to intervene then and there and take appropriate remedial measures to abate the threat to the rule of law. [Sumesh M.G. v. District Collector, Collectorate, Kannur, 2018 SCC OnLine Ker 5795, decided on 20-12-2018]