Meghalaya High Court
The All Garo Hills Truck Drivers ... vs The State Of Meghalaya And Ors on 23 May, 2014
Author: T Nandakumar Singh
Bench: T Nandakumar Singh
1
THE HIGH COURT OF MEGHALAYA
WP (C) NO. 286/2013
1. The „All Garo Hills Truck Driver‟s
Association‟ at Resubelpara,
represented by its Secretary,
Shri. Lamberth Momin.
2. Shri. Lamberth Momin,
Secretary, „All Garo Hills Truck
Driver‟s Association‟ at
Resubelpara,
P.O. Damas, P.S.: Resubelpara,
District:- North Garo Hills,
Meghalaya.
:::: Petitioners
-Vs-
1. The State of Meghalaya, represented
by the Chief Secretary to the Govt.
of Meghalaya, Shillong.
2. The Director General of Police,
Meghalaya, Shillong.
3. The Deputy Commissioner,
North Garo Hills District, Resubelpara.
4. The Superintendent of Police,
North Garo Hills District,
Resubelpara.
5. The Officer - In - Charge,
Mendipathar and Resubelpara
Police Station, Resubelpara,
District: North Garo Hills,
Meghalaya.
::: Respondents
BEFORE THE HON‟BLE MR JUSTICE T NANDAKUMAR SINGH For the Petitioners : Mr. A.H.Hazarika, Adv.
For the Respondent s : Mr. N.D.Chullai, learned Sr. GA and
Mr. K.P. Bhattarcharjee, GA
Date of hearing : 23.05.2014
Date of Judgment & Order : 23.05.2014
2
JUDGMENT AND ORDER(ORAL)
Heard Mr. A.H.Hazarika, learned counsel appearing for the petitioner-association and Mr. N.D.Chullai, learned Senior GA assisted by Mr. K.P.Bhattarcharjee, learned counsel appearing for the respondents.
2. The limited prayer sought for in the present writ petition is for a direction to the Deputy Commissioner, North Garo Hills District, Resubelpara (respondent No. 3), Superintendent of Police, North Garo Hills District, Resubelpara (respondent No. 4) and the Officer-in-cCharge, Mendipathar and Resubelpara Police Station (respondent No. 5) not to interfere with the petitioner-association in performing their activities in the interest of the association which are not contrary to the law.
3. The said limited prayer sought for in the present writ petition is based on the fact that the petitioner-association "All Garo Hills Truck Drivers‟ Association" Resubelpara is a registered society registered under the Meghalaya Registration of Societies Act-XII of 1983 and the association is having Registration No. SR/AGHCTDA-846/01 of 2001 dated 11.04.2001. The aims and objects of the petitioner-association are:-
(i) To maintain the unity and close understanding among the Trucks Owners and Drivers operating throughout the 5 (Five) Districts of Garo Hills Region and also within the State of Meghalaya.
(ii) To safeguard Rights, interest and properties of the Truck Drivers operating throughout the 5 (Five) Districts of Garo Hills Region.
(iii) To help the Drivers and helpers when they are in need of any help such as accident of Trucks, injuries to in persons, financial ,first aid and so on when its members operating the Trucks in the National Highway ways, PWD roads or inside the jungle and hilly areas.
(iv) To educate and inculcate good moral value when driving the Trucks on Road and to create awareness in respect of disadvantage of 3 consuming alcohol while driving the Trucks on road and for use of First Aid at the time of accident.
(v) To fight against the anti-Social elements and to curb it and render full co-operation to the Government Agency to contain/control the miscreants and all other matters relating to control of Law and Order.
(vi) To render financial help to needy and distress people in times of calamity and financial hardship to all people irrespective of Caste, Creed, Colour and Religion, etc.
(vii) To fight against illiteracy ignorance and upliftment of living condition of the people in the Region particularly all the Drivers and Handyman of Truckers.
4. It is stated that the petitioner-association, in its meeting of the Executive Members on 15.07.2013 passed a resolution that the Executive Members of the association are authorized to collect a sum of Rs. 50/- (Rupees Fifty) only per truck per trip plying in the North Garo Hills District and other parts of the state as a subscription/donation from its registered members of the petitioner-association for proper management of its office and to take up welfare activities for its members, such as helping its employers, drivers, helpers, labourers, etc. It is alleged in the writ petition that while the petitioner-association are taking up the welfare activities for its members by collecting donation from the members of the association, the police personnel, more particularly, from the office of the Superintendent of Police, North Garo Hills District, Resubelpara and from the Officer-in-charge, Police Station of Mendipathar and Resubelpara had started restraining the members of the of the petitioner-association from taking up the welfare activities. Hence, this writ petition.
5. Mr. N.D.Chullai, learned Senior GA appearing for the respondents contended that the petitioner-association in the name of collecting donation from the members of its association had started 4 forcibly collecting money from the truck drivers and helpers plying in the North Garo Hills District as well as from the other parts of the State. He further, contended that the said forcible collection of money from the truck drivers and helpers plying in the North Garo Hills District and other parts of the State are not permissible under the law and caused hinderness in the smooth plying of the trucks in that area. To the contra, Mr. A.H.Hazarika, learned counsel for the petitioner-association contended that the petitioner-association is only collecting the voluntary donation from the members of the petitioner-association and not from the other drivers of the trucks.
6. Mr. A.H.Hazarika, learned counsel for the petitioner- association contended that this Court in the writ petition similar with the present writ petition had already passed the orders with observations and directions that:-
"After hearing the learned counsel for the petitioner, as well as the learned senior GA and on perusal of the materials on record, instructions received by Mr. Chullai which are placed before this Court, it is therefore directed that, the petitioner‟s Union shall collect the membership fee from their members only and not from other vehicles as well as pedestrians on the National Highway. It is also made clear that the petitioner‟s Union shall collect the membership fee only from the members of the Union paid voluntarily and they shall not take recourse to forcible collection from its members or from any trucks. Needless to say, in case of any forcible collection from any trucks or members, the authority is at liberty to take action as per law.
After going through the instructions received by the learned senior GA, given by the respondent Nos. 2 and 3, for the ends of justice this Court deem it fit and proper to direct the writ petitioner‟s Union to furnish details of their members i.e. their identity cards etc., to the Deputy 5 Commissioner, East Garo Hills, Williamnagar, as well as, the Superintendent of Police, East Garo Hills, Williamnagar.
With the above observations and directions, this writ petition is disposed of."
Some of the earlier orders of this Court are also annexed in the present writ petition.
7. In order to avoid misunderstanding between the petitioner- association and the law enforcing authority in the matter of collection of voluntary donation only from the members of the petitioner-association, the petitioner-association is directed to submit the list of the members of the association and also the particulars of the trucks owned by the members of the petitioner-association to the Deputy Commissioner, Resubelpara, Superintendent of Police, North Garo Hills District, Resubelpara and the Officer-in-charge, Mendipathar and Resubelpara Police Station within a period of 5 (five) weeks from today and the respondents are directed not to interfere with the activities of the petitioner-association in collecting the voluntary donation only from their members whose particulars had been furnished by the petitioner- association to the respondents. It is also made clear that the petitioner- association shall not collect the fees or tips from other vehicles as well as the pedestrians in the National Highway and also they shall not disturb the free flow of the vehicles.
8. With the above observations and directions, this writ petition is disposed of.
JUDGE Sylvana