High Court of KeralaSingle JudgeWrit petition disposed of; Traffic Regulatory C...

Choyan Shaji, Premarajan P.V., and Vinodan T. v. Kolayad Grama Panchayat and Others

Case / Petition Number:WP(C) No.29394/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Gopinath P.
Judgment Date
2024-02-21
Court Decision / Holding
This writ petition is disposed of by directing the petitioners to approach the Traffic Regulatory Committee having jurisdiction with their grievance. The Committee shall consider the grievances against respondents 5–8 with notice and shall decide the matter in accordance with law, keeping due regard to Jestin Thomas and Gopalan, and shall act without undue delay.
Final Disposition
Writ petition disposed of; Traffic Regulatory Committee to decide the grievance in accordance with law, with due regard to this court’s judgments, and provide a timely decision.

Parties to the Case

Appellants / Petitioners

  • Choyan Shaji
  • Premarajan P.V.
  • Vinodan T.

Respondents

  • Kolayad Grama Panchayat represented by its Secretary
  • The Secretary, Kolayad Grama Panchayat
  • Regional Transport Authority, Thalassery
  • Station House Officer, Kannavam Police Station
  • Shiju K.
  • Shaji M.K.
  • Bobby K.
  • Rajan Choli

Legal Representation & Advocates

Counsels for Petitioners

  • • P. U. Shailajan
  • • M. Suresh Kumar
  • • Sri. V. Sreejith

Counsels for Respondents

  • • Sri U. Balagangadharan
  • • Smt. P. Sheeba
  • • Sri. Sunil Kumar C.C.

Case Synopsis & Summary

The petitioners, three auto drivers and owners, operate autos from a sanctioned halting place at Kolayad. They contend that respondents 5 to 8 and others park their auto cabs near the auto stand and collect fares in violation of Exts. P4, causing unauthorized competition, parking near the stand, and traffic disruptions. They rely on permits Exts. P1-P1(b), P2, P2(a), P3 and other Exhibits, and on Ext. P11 (the court’s 2016 judgment) which holds that auto taxis cannot be parked in an autorickshaw stand and must be parked only in stands approved by the local authority. They seek two reliefs: (i) a writ of mandamus directing respondents 1 to 4 to take action against violators near the stand and (ii) a writ directing action against persons who charge fares other than as stated in Ext. P4 and to strictly enforce it. The respondents submit that there is sufficient space for parking Auto cabs and that there is no illegality in parking near the stand; if the petitioners have grievances, they should approach the Traffic Regulatory Committee. The court notes that the central issue — where auto cabs may be parked — is not a matter for adjudication under Article 226 and cites Jestin Thomas and Gopalan as authorities. The petition is disposed of permitting the petitioners to approach the Traffic Regulatory Committee with notice to respondents 5 to 8, and the Committee is to decide in accordance with law, having due regard to the cited judgments, and without undue delay.

Provisions of Law Cited

Article 226 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they hold valid permits for auto service at Kolayad, but respondents 5–8 and others park auto cabs near the petitioners’ stand and collect fares in violation of Ext. P4, creating unfair competition and traffic disruption. They rely on Exts. P1–P4 and Ext. P11 (the 2016 judgment) to show that auto taxis cannot park in autorickshaw stands and must operate from stands approved by the local authority. They seek a mandamus directing respondents 1–4 to take action against violators and to strictly enforce Ext. P4.

Contentions of Respondents

The respondents submit that there is sufficient space for parking auto cabs and that parking near the stand is not illegal; if petitioners have grievances, they should approach the Traffic Regulatory Committee for a decision. They argue that this Court cannot adjudicate the matter under Article 226 and emphasize that the Traffic Regulatory Committee, with jurisdiction, should decide the matter in accordance with law, after giving notice to relevant parties.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Jestin Thomas and others v. Circle Inspector of Police2019 (2) KHC 610PositiveCourt cites this decision as authority showing similar issues fall within the Traffic Regulatory Committee's domain and that a decision can be made after referring the matter to the Committee.
Gopalan and others v. Vellangallur Grama Panchayat and others2021 (2) KHC 367PositiveCourt relies on this decision as precedent for directing such traffic- regulation issues to the Committee and deciding in accordance with law.
W.P.(C) No.19450/2013WPC 19450/2013Mentioned OnlyExhibit P11 references this prior judgment; it is cited as part of record but not elaborated as controlling principle.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 21[ST] DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945** ## **WP(C) NO. 29394 OF 2019** ## **PETITIONER/S:** 1 CHOYAN SHAJI AGED 40 YEARS AMRUTHAM, ALACHERRY P.O., CHITTARIPARAMBA (VIA),KANNUR DISTRICT,PIN-670 650 2 PREMARAJAN .P.V., PUTHEN VEEDU, VAYANNUR P.O., KANNUR DISTRICT,PIN-670 650 3 VINODAN.T., CHEMBAKAKUNNU HOUSE, MELACHODI, ALACHERRY P.O., KANNUR DISTRICT,PIN-670 650 BY ADVS. P.U.SHAILAJAN SRI.M.SURESH KUMAR SRI.V.SREEJITH (K/1398/2000) SMT.VIDYA KURIAKOSE ## **RESPONDENT/S:** 1 KOLAYAD GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KOLAYAD POST, KANNUR DISTRICT, KANNUR-670 650 2 THE SECRETARY, KOLAYAD GRAMA PANCHAYT, KOLAYAD POST, KANNUR DISTRICT, KANNUR-670 002 3 THE REGIONAL TRANSPORT AUTHORITY, THALASSERY, PIN-670 101, REPRESENTED BY ITS SECRETARY 4 THE STATION HOUSE OFFICER, KANNAVAM POLICE STATION, KANNAVAM P.O., KANNUR DISTRICT,PIN-670 650 5 SHIJU .K., S/O. BHASKARAN, KADATHANADAN HOUSE, ALACHERI P.O., KANNUR-670 650 W.P (C) No.29394/2019 -2- 6 SHAJI .M.K., S/O.PRABHAKARAN, VALLITHOTTATHIL HOUSE, PUNNAPPALA,KOLAYAD P.O., KANNUR-670 650 7 BOBBY.K., S/O.BALAN NAIR,THRIVENI HOUSE, VAYANNIR P.O., KANNUR DISTRICT,PIN-670 650 8 RAJAN CHOLI, S/O. KRISHNAN,VARSHA NIVAS, KOALAYAD P.O., KANNUR DISTRICT,PIN-670 650 BY ADVS. SRI.U.BALAGANGADHARAN SMT.P.SHEEBA SHRI.SUNIL KUMAR C.C. ## **OTHER PRESENT:** SRI. VENUGOPAL V (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.29394/2019 -3- ## **J U D G M E N T** The petitioners are owners and auto drivers at Kolayad. They have been permitted to park their autorickshaws at the halting place mentioned in Exts.P1, P1 (a) and P1 (b). They are aggrieved by the fact that respondents 5 to 8 and others are parking their Auto cabs and are operating their vehicles by collecting the same charge as collected by the autorickshaw drivers. It is alleged that they are illegally parking their Auto cabs 10 meters away from the notified parking of the petitioners and others also causing severe traffic congestion and other inconveniences. It is submitted that several complaints filed by the petitioners and others have not been attended to. Reference is made in this regard to Exts.P7 to P10. It is also submitted that going by Ext.P11 judgment of this court Auto taxies cannot be parked in an autorickshaw stand and the Auto taxies can be parked only in a stand approved by the local authority. The petitioners have therefore approached this court seeking the following reliefs:- - _“(i) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 4 to take action against the respondents 5 to 8 and other persons who are parking their auto cabs near to the autorickshaw stand at Kolayad and in any other place other than in the stand provided by the Kolayad Panchayat;_ - _(ii) Issue a writ of mandamus or other appropriate writ or order, directing the respondents 1 to 4 to take action against respondents 5 to 8 or any other persons who collects fare other than as stated in Ext.P4 for travelling in auto cabs and strictly implement the Ext.P4;”_ W.P (C) No.29394/2019 -4- 2. Heard the learned counsel appearing for the 1[st] respondent panchayat and the learned counsel appearing for respondents 5 to 8. The learned counsel for the 1[st] respondent panchayat would submit that sufficient space has been provided for parking Auto cabs. The learned counsel for respondents 5 to 8 would submit that there absolutely no illegality in the Auto cabs being parked in an area near to the autorickshaw stand of the petitioners and if the petitioners have any grievance it is for them to approach the Traffic Regulatory Committee. 3. The question as to where the Auto cabs must be permitted to park and whether it can be permitted near the autorickshaw stand is not a matter that can be adjudicated by this court under Article 226 of the Constitution of India. It is for the Traffic Regulatory Committee constituted for the area in question to decide the matter in accordance with law. Taking into consideration the fact that similar issues have been considered by this court in _**Jestin Thomas and others v. Circle Inspector of Police;** 2019 (2) KHC 610_ and _**Gopalan and others v. Vellangallur Grama Panchayat and others;** 2021 (2) KHC 367_ this writ petition will stand disposed of permitting the petitioners to approach the Traffic Regulatory Committee having jurisdiction in the area with their grievance. The Traffic Regulatory Committee will consider the grievances raised by the petitioners with notice to respondents 5 to 8 and shall take a decision in the matter in W.P (C) No.29394/2019 -5- accordance with law. While taking a decision the Traffic Regulatory Committee shall also have due regard to the judgments of this court referred to above. If the petitioners approach the Traffic Regulatory Committee as directed above, a decision shall be taken on the complaint raised by the petitioners without undue delay. Sd/- **GOPINATH P. JUDGE** AMG W.P (C) No.29394/2019 -6- ## **APPENDIX OF WP(C) 29394/2019** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE PERMIT ISSUED BY THE 3RD| |---|---| ||RESPONDENT TO THE 1ST PETITIONER DATED 23.12.2015| |EXHIBIT P1(a)|TRUE COPY OF THE PERMIT ISSUED BY THE 3RD| ||RESPONDENT TO THE 2ND PETITIONER DATED 2.7.2016| |EXHIBIT P1(b)|TRUE COPY OF THE PERMIT ISSUED BY THE 3RD| ||RESPONDENT TO THE 3RD PETITIONER DATED 6.3.2017| |EXHIBIT P2|TRUE COPY OF THE PERMIT ISSUED TO ONE OF THE AUTO| ||CAB BY THE MOTOR VEHICLES DEPARTMENT DARED| ||21.6.2018| |EXHIBIT P2 (a)|TRUE COPY OF THE TEMPORARY REGISTRATION| ||CERTIFICATE ISSUED BY THE MOTOR VEHICLE DEPARTMENT| ||IN FAVOUR OF SRI. SHAJI.C.P. DATED 7.6.2018| |EXHIBIT P3|TRUE COPY OF THE ORDER DATED 11.12.2018 ISSUED BY| ||THE 3RD RESPONDENT REGARDING THE AUTORICKSHAW| ||CHARGES| |EXHIBIT P4|TRUE COPY OF THE ORDER DATED 11.12.2018 ISSUED BY| ||THE 3RD RESPONDENT REGARDING THE CHARGES OF MOTOR| ||CAB (AUTO CAB)| |EXHIBIT P5|TRUE COPY OF THE FARE CHARGES FIXED BY THE| ||RESPONDENTS 5 TO 8 AND OTHERS FROM 12.12.2018| ||ONWARDS AT KOLAYAD FOR RUNNING THEIR AUTO CABS| |EXHIBIT P6|TRUE COPY OF THE LETTER DATED 19.7.2019 SENT BY| ||THE PANCHAYAT SECRETARY, KOLAYAD TO THE DISTRICT| ||COLLECTOR, KANNUR| |EXHIBIT P7|TRUE COPY OF THE COMPLAINT SUBMITTED BY THE| ||PETITOENRS TO THE REGIONAL TRANSPORT OFFICER,| ||KANNUR DATED NIL| |EXHIBIT P8|TRUE COPY OF THE COMPLAINT SUBMITTED BY THE| ||PETITIONERS TO THE 4TH RESPONDENT| |EXHIBIT P9|TRUE COPY OF THE RECEIPT DATED 11.6.2019 ISSUED| ||FROM THE OFFICE OF THE 1ST RESPONDENT AFTER| W.P (C) No.29394/2019 -7- RECEIVING COMPLAINT SUBMITTED BY THE PETITIONER EXHIBIT P9 (a) TRUE COPY OF THE RECEIPT DATED 14.6.2019 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AFTER RECEIVING COMPLAINT SUBMITTED BY THE 1ST PETITIONER EXHIBIT P9 (b) TRUE COPY OF THE RECEIPT DATED 16.8.2019 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT AFTER RECEIVING COMPLAINT SUBMITTED BY THE AUTO DRIVERS EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT CARD REGARDING RECEIPT COMPLAINT SENT BY THE PETITIONERS TO THE DISTRICT COLLECTOR, KANNUR DATED 29.7.2019 EXHIBIT P10 (a) TRUE COPY OF THE ACKNOWLEDGMENT CARD REGARDING RECEIPT COMPLAINT SENT BY THE PETITIONERS TO THE REGIONAL TRANSPORT OFFICER, THALASSERY DATED 17.6.2019 EXHIBIT P10 (b) TRUE COPY OF THE ACKNOWLEDGMENT CARD REGARDING RECEIPT COMPLAINT SENT BY THE PETITIONERS TO THE JOINT REGIONAL TRANSPORT OFFICER, THALASSERY DATED 14.6.2019 EXHIBIT P10 (c) TRUE COPY OF THE ACKNOWLEDGMENT CARD REGARDING RECEIPT COMPLAINT SENT BY THE PETITIONERS STATION HOUSE OFFICER, KANNAVAM POLICE STATION DATED DATED 14.6.2019 EXHIBIT P10 (d) TRUE COPY OF THE ACKNOWLEDGMENT CARD REGARDING RECEIPT COMPLAINT SENT BY THE PETITIONERS STATION HOUSE OFFICER, KANNAVAM POLICE STATION DATED DATED 29.7.2019 EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 4.1.2016 IN WPC NO.19450/2013 OF THIS HON'BE COURT Exhibit P12 PHOTOGRAPH SHOWING THE PARKING OF THE AUTORICKSHAWS ON THE SIDE OF THE ROAD Exhibit P13 PHOTOGRAPH SHOWING THE PARKING OF THE AUTO CABS ON THE ROAD Exhibit P14 PHOTOGRAPHS TO SHOW THE PRIVATE VEHICLES (CARS) PARKED IN THE TAXI STAND OF THE PANCHAYAT W.P (C) No.29394/2019 -8- RESPONDENT EXHIBITS EXHIBIT R5(a) COPY OF THE SITE PLAN WHICH SHOWS THE AREA OF PARKING OF AUTORICKSHAW AND AUTO CAB. EXHIBIT R5(b) COPIES OF PHOTOGRAPHS DISPLAYING THE PARKING OF AUTO CABS AND AUTO RICKSHAWS.