Hansa Thomas, Alex Joseph, Thomas M.T, and Roy Chacko v. Cochin Corporation Secretary and St. Albert's College and Assistant Commissioner of Police (Traffic Division) Ernakulam, and Others

**WP(C) NO. 17665 OF 2022** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 5[TH] DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 WP(C) NO. 17665 OF 2022** ## **PETITIONER/S:** 1 HANSA THOMAS AGED 74 YEARS W/O. LATE ADV. THOMAS CHAKRAMPILLY, CHAKRAMPPILLY HOUSE, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018 2 ALEX JOSEPH AGED 63 YEARS S/O JOSEPH CHANDY, VELIYATH HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM , PIN - 682018 3 THOMAS M.T AGED 57 YEARS S/O THOMAS M.C., MANAGING PARTNER, COCHIN BUSINESS CORPORATION, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018 4 ROY CHACKO AGED 63 YEARS /O P.C.CHACKO, P.C. CHACKO AND ASSOCIATES, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018 BY ADV K.C.VINCENT **WP(C) NO. 17665 OF 2022** **2** ## **RESPONDENT/S:** 1 COCHIN CORPORATION SECRETARY, CORPORATION OFFICE,MARINE DRIVE,ERNAKULAM , PIN - 682001 2 ST. ALBERTS COLLEGE REPRESENTED BY ITS PRINCIPAL, BANERJI ROAD, ERNAKULAM , PIN - 682018 3 ASSISTANT COMMISSIONER OF POLICE TRAFFIC DIVISION, OLD RAILWAY STATION ROAD, ERNAKULAM , PIN - 682018 BY ADVS. SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA SHERRY J. THOMAS ADVOCATE GENERAL OFFICE KERALA R.HARISHANKAR JOEMON ANTONY ## **OTHER PRESENT:** SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 17665 OF 2022** **3** ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------------W.P.(C) No.17665 of 2022 -------------------------------------Dated this the 5[th] day of August, 2022** ## **JUDGMENT** ## The above writ petition is filed with following prayers : “a) Issue a writ of mandamus or any other writ order or direction calling upon the 1[st] respondent to dispose of Exhibit P1 in accordance with law after hearing the affected parties, within a time limit as dictated by this Hon'ble Court. b) Issue a declaration that the respondents 1 and 3 are duty bound to see that the St.Albert's College Lane is free from all obstructions which prevents the passage of vehicles and to prevent indiscriminate parking in violation Municipalities Act, 1994 and the Motor Vehicles Act, 1988. c) Issue such other writ or direction which this Hon'ble Court deem fit and proper to grant in the facts and circumstances of the case.” [SIC] 2. The petitioners are either residing or running establishments situated on the St.Albert's College Lane within the limits of the Corporation of Cochin. The petitioners are **WP(C) NO. 17665 OF 2022** **4** aggrieved by the indiscriminate parking of two wheelers and other vehicles on both sides of the above road causing obstruction to the passage of vehicles to their residences, offices and business establishments. It is the case of the petitioners that the students of 2[nd] respondent College used to park vehicles from 7AM to 5PM and the petitioners agitated the issue before the 1[st] and 3[rd] respondents. It is the case of the petitioners that the representations submitted by the petitioners left unattended. Hence, this writ petition. 3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the 1[st] respondent. I also heard the learned counsel appearing for the 2[nd] respondent and the learned Government Pleader appearing for the 3[rd] respondent. 4. The learned counsel for the petitioners reiterated the contentions in the writ petition and submitted about the situation in this area because of the unauthorised parking. The counsel submitted that even after repeated representations, no action is taken by the Police authorities **WP(C) NO. 17665 OF 2022** **5** and the Corporation authorities. The Government Pleader takes me through the statement filed by the 3[rd] respondent. The Government Pleader submitted that sufficient steps are taken by the Police authorities to see that there is no parking in this area. The counsel appearing for the 2[nd] respondent also submitted that a statement is filed and action is taken to see that there is no parking in the road. 5. This Court considered the contentions of the petitioner and the respondents. It will be better to extract the relevant portion of the statement filed by the 3[rd] respondent. 3. “It is submitted that the problem of parking of vehicles on the road side is a common issue in Kochi City. This is mainly due to the alarming increase in vehicular density and inadequate road space. As far as St.Albert's Lane is considered the allegation of obstruction for the ingress and egress of petitioners to their residence and office seems to be exaggerated. 4. It is humbly submitted that Police patrolling has been arranged in St. Albert's lane to detect irregular and obstructive parking including two wheeler parking by the students of St. Albert's College. Stringent legal action also being initiated to avert such parking and to ensure free flow of vehicles. The petitioners are free to contact the police authorities through **WP(C) NO. 17665 OF 2022** **6** Control Room round the clock if they face any difficulty or blockade in pedestrian or vehicular movement. Moreover a WhatsApp number is being maintained for redressal of Traffic related complaints in Kochi City by the name "TRAFFIC EYE” (mobile number 6238100100). Police patrolling has been deployed by dividing City area in to various Sectors for clearing the traffic in roads and any grievance of a blockade will be cleared at the earliest. 5. It is humbly submitted that a letter for intimation is handed over to the College authority to look in to this aspect and provide enough parking place for their students. Also Police patrolling have been organized in St. Albert's lane to detect indiscriminate and obstructive parking including parking by the students of St. Alberts College. Action under section 122 r/w 177 MV Act being initiated against the offending riders/drivers. 6. The allegations are not true to the facts. If the vehicular traffic is hindered in any manner in any road, the matter will be conveyed to the Police Control Room immediately by the local people as well as onlookers. The matter will transmitted to the traffic wing immediately and Sector Patrolling party will rush to the spot and clear the traffic in such situations. 7. It is humbly submitted that in this matter, the Traffic Police officials has been instructed to take legal action to clear the vehicular traffic, as and when the petitioner informs about the blockade or illegal parking in that road and also necessary directions in this regard have been passed to SECTOR OFFICERS to conduct traffic patrolling to avoid traffic block and smoothen the vehicular traffic at St.Albert's Lane.” **WP(C) NO. 17665 OF 2022** **7** ## 6. Similarly, a statement is filed by the 2[nd] respondent. The relevant portion of the same is extracted hereunder : “2. During the pendency of proceedings of this case before this Honourable Court, the 2[nd] respondent intimated through that already some parking area is there inside the college campus and an additional area of 2580 sq.feet is arranged for parking by doing some works. Therefore, the students can use this parking area for parking their two wheelers. 3. It is submitted that this Honourable Court in WP(C) No. 30612/2015 vide judgment dated 20.10.2015, in Avinash Das B.A. And others vs. University of Kerala and others, has issued certain directives which restricts students from taking their vehicles inside the campus of the Educational Institutions. 4. It is submitted that the 2[nd] respondent College has given strict directives to the students not to park the vehicles in road violating the rules. The College is established in the year 1898. The present building is in existent from 1951 onwards. 5. The College had made earnest effort to accommodate the vehicles of students subject to the restrictions of usage of the same in the college campus. Necessary instructions have already given to the students not to park the vehicles by violating the rules and causing obstruction in the road.” ## 7. In the light of the above statements, the writ petition **8** **WP(C) NO. 17665 OF 2022** can be closed recording those statements. The 2[nd] and 3[rd] respondents will take up necessary steps based on the statements. Therefore, this writ petition is closed recording the statements submitted by the 2[nd] and 3[rd] respondents. Whenever a request is made by the petitioners raising any grievance regarding parking, the 3[rd] respondent will do the needful in accordance to law. Sd/- **P.V.KUNHIKRISHNAN** **JUDGE** SKS **WP(C) NO. 17665 OF 2022** **9** ## **APPENDIX OF WP(C) 17665/2022** PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE REPRESENTATION DATED 29.10.2021 Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED 20.10.2015 IN W.P.(C) NO.30612 OF 2015 AND CONNECTED CASES. Exhibit P3 PHOTOCOPY OF VEHICLE PARKING Exhibit P3(a) PHOTOGRAPH OF VEHICLE PARKING