W.P (C) No. 2276 of 2011 (H)

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Dated, this the 28th day of March, 2011 

1. THE ISLAND AUTORICKSHAW DRIVERS

... Petitioner

Vs

1. THE TRAFFIC MANAGER, COCHIN PORT

... Respondent

2. THE SECURITY OFFICER,COCHIN PORT TRUST, 

For Petitioner :SRI.KRISHNADAS P. NAIR 

For Respondent :GOVERNMENT PLEADER

JUDGMENT

The petitioner has approached this Court with the following prayers :

(i) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 2 to stop all further proceedings in Ext. P4.

(ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider Ext. P5 representation filed by the petitioner. 

(iii) issue such other writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. Respondents have filed a statement pointing out that, the idea and understanding of the petitioner as to the right to ply the autorikshaws in the Willington island and also as to the 'turn system' now prevailing are quite wrong and misconceived. It is stated that the Cochin Port Trust had established a "prepaid auto-system" for the convenience of tourists arriving at Cochin in cruise vessels and other luxury liners. This was introduced for avoiding collection of exorbitant fares from the passengers and the same had been well accepted by taxi operators and auto drivers.

3. The respondents have stated in paragraph 4 of the said statement that in March, 2007, Port Trust had invited applications on a prescribed format with specified terms and conditions for enlisting 250 autodrivers for running the 'pre-paid auto service' as per Ext. P1 and accordingly, the requisite members were enlisted, including the members of the petitioner association as well, as borne by Ext. P2. It is stated that the said system was evolved there, on account of a mutual discussion among the unions and it was decided to allocate the proportion of hiring in the ratio of 2 : 5 between autos plying in the island and the autos from outside. Later, the very same associations approached the local police authorities and obtained a 'new turn system' as provided in Ext. P4. It is submitted from the part of the respondent that, the Port Trust and its officials have absolutely no role at all in fixing the turn system for autos, as now prevailing in the islands. If the petitioner association is aggrieved in any manner, they are to approach the concerned authorities (police officials / officials of the motor vehicles department) and the writ petition is filed by the petitioner without impleading anybody, who are concerned with the issue and hence is not liable to be entertained. 

In the said circumstance, interference is declined and writ petition is dismissed; however, without prejudice to the rights and liberties of the petitioner to pursue other appropriate remedy. 

P. R. RAMACHANDRA MENON, JUDGE

kmd