W.A. No.211 of 2025 1 2025:KER:30759 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE EASWARAN S. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WA NO. 211 OF 2025 AGAINST THE JUDGMENT DATED 13.11.2024 IN WP(C) NO.28575 OF 2024 OF HIGH COURT OF KERALA APPELLANT(S)/PETITIONER : N. LAKSHMANAN AGED 61 YEARS, S/O. KANNAN, SWATHANTHRA AUTO THOZHILALI UNION SATU (HMS) REP. BY ITS SECRETARY, RESIDING AT USHUS, PANAKKADAPPARAMBU,PALLIKULAM P.O, CHIRAKKAL, KANNUR, PIN - 670001 BY ADV C.K.SREEJITH RESPONDENT(S)/RESPONDENT : 1 DEPUTY STATION MANAGER (COMMERCIAL) SOUTHERN RAILWAY CANNANORE, KANNUR RAILWAY STATION, KANNUR, PIN - 670001 2 COMMISSIONER OF POLICE KANNUR, PIN - 670001 3 REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, KANNUR, PIN - 670001 4 MUNICIPAL CORPORATION KANNUR REPRESENTED BY ITS SECRETARY, PIN - 670009 BY ADVS M.MEENA JOHN SRI. VK SHAMSUDHEEN, SR GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. No.211 of 2025 2 2025:KER:30759 DR. A.K. JAYASANKARAN NAMBIAR & EASWARAN S., JJ. -------------------------------- W.A. No.211 of 2025 ------------------------------------------ Dated this the 8th day of April, 2025 JUDGMENT Easwaran S., J. This intra court appeal arises out of the dismissal of the writ petition No.28575 of 2024. 2. The brief facts necessary for the disposal of the appeal are as follows : The appellant/writ petitioner is the Secretary of a registered trade union, which comprises autorickshaw drivers who are aggrieved by the decision of the railways to implement a Cart License Permit for parking of the autorickshaws at the Kannur Railway Station. The grievance projected by the petitioner is that in order to park the autorickshaws at the Kannur Railway Station, the railway authorities are insisting on obtaining ‘No Objection Certificate’ from the Police in order to verify whether any criminal antecedents are reported against the autorickshaw drivers. According to him, the said requirement is an unreasonable restriction which is offending under Article 19(1)(g) of the Constitution of India. The learned Single Judge who considered the writ petition found that the said restriction is in the larger public interest and dismissed the W.A. No.211 of 2025 3 2025:KER:30759 writ petition. 3. In the appeal before us, the appellant contended that the said restriction is unreasonable and further that the railway authorities have no power to impose such restrictions. 4. On consideration of the rival submissions, we find that there is an inherent defect in the writ petition inasmuch as no proceedings of the railway authorities have been annexed as an exhibit. What is produced is Ext.P1, which is only a newspaper report, and a consequential writ of mandamus is sought for. It is now settled that the writ petition cannot be entertained by this Court based on the report appearing in the newspapers. Even before us, the appellant did not make available any proceedings of the railways, wherein a requirement of obtaining the Cart License Permit is insisted. Even if we are to assume that such permission is required, we find that the said restriction is only in the larger public interest. Therefore, we find that the learned Single Judge has rightly dismissed the writ petition. No case for interference has been made out. Accordingly, the writ appeal fails and the same is dismissed. Sd/- Dr. A.K. JAYASANKARAN NAMBIAR, JUDGE Sd/- EASWARAN S. JUDGE NS