Rajan V.B and others v. The District Collector, Idukki

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 28TH DAY OF JULY 2020 / 6TH SRAVANA, 1942** **WP(C).No.14579 OF 2020(V)** ## **PETITIONER/S:** - **1 RAJAN V.B, AGED 59 YEARS VANIYADATH MALAYIL, ELLUMPURAM P.O., MUTTOM, IDUKKI DISTRICT, PIN-685587.** - **2 SIJU ANTONY, PLATHOTTAHIL, MUTTOM, IDUKKI DISTRICT, PIN-685587.** - **3 C.R.SUNDARESAN, CHITTAYKATTU VEEDU, KADAYTHOOR P.O., IDUKKI DISTRICT, PIN-685587.** - **4 PETER JACOB, ILLIKKAL VEEDU, THATTARATHATTU P.O., IDUKKI DISTRICT, PIN-685587.** - **5 USHA RAJU, CHERIPARAMBIL, MUTTOM, IDUKKI DISTRICT, PIN-685587.** - **6 S.RAVINDRAN NAIR, PUTHENPURAYIL, VENGALOOR MUTTOM, IDUKKI DISTRICT, PIN-685587.** - **7 STEPHEN JOSEPH, ILLIKKALKUNAMPURATH, THATTARATHATTU P.O., IDUKKI DISTRICT, PIN-685587.** - **8 BIJIMOL RAJAN, VANIYEDATHU MALAYIL, ELLUMPURAM P.O, MUTTAM, IDUKKI DISTRICT, PIN-685587.** - **9 LINSON MATHEW, KIZHAKALAYIL, THEKKUMBHAGOM P.O., IDUKKI DISTRICT, PIN-685587.** - **10 JOSEPH JOSEPH, VARICKAMACKAL, IDUKKI DISTRICT, PIN-685587.** ## **BY ADV. SRI.V.PREMCHAND** ::2:: **WP(C).No.14579 OF 2020(V)** ## **RESPONDENT/S:** |**1**|**THE DISTRICT COLLECTOR,**| |---|---| ||**IDUKKI DISTRICT, PIN-685601.**| |**2**|**THE SUB REGIONAL TRANSPORT OFFICER,**| ||**THODUPUZHA, IDUKKI DISTRICT, PIN-685584.**| |**3**|**THE DEPUTY SUPERINTENDENT OF POLICE,**| ||**THODUPUZHA, IDUKKI DISTRICT, PIN-685584.**| |**4**|**THE INSPECTOR OF POLICE,**| ||**MUTTOM POLICE STATION, MUTTOM, IDUKKI**| ||**DISTRICT, PIN-685587.**| |**5**|**THE MUTTOM GRAMA PANCHAYAT,**| ||**REPRESENTED BY THE SECRETARY, MUTTOM,**| ||**IDUKKI DISTRIC,T PIN-685587.**| |**6**|**THE SECRETARY,**| ||**THE MUTTOM GRAMA PANCHAYAT, MUTTOM,**| ||**IDUKKI DISTRICT, PIN-685587.**| ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ::3:: **WP(C).No.14579 OF 2020(V)** ## **ALEXANDER THOMAS, J** . ----------------------------W.P(C).No.14579 Of 2020 --------------------------------Dated this the 28[th] day of July, 2020. ## **J U D G M E N T** ## The case set up in this Writ Petition (Civil) is as follows: _That the grievance in the writ petition is regarding the illegal and unauthorized parking of auto rickshaws in front of the shop rooms of petitioners. The shops wherein the petitioners are conducting business is located by the side of Thodupuzha –Puliyanmala State High way. As a result of this indiscriminate parking, the customers are not able to enter the shopping complex and the shops wherein the petitioners are conducting business freely, it is averred. That the customers who come to shop from the respective shops are abused by the Auto rickshaw drivers in filthy language when they ask them to give space for parking their vehicles in the parking slot provided in front of the shops and the shopping complex. No serious attempts have been taken by the Muttom Grama Panchayat to alleviate the difficulty of petitioners. The situation is graver as far as petitioners are concerned and the authorities who are duty bound under law are turning a blind eye to the situation. The ingress and egress of customers and local public is obstructed by this unauthorized parking._ _This Court in_ _**2013 (3) KHC 53, 2019(2) KHC 562 (DB) , 2019(5) KHC 65 SN 27** and_ _**2019(5) KHC 242** has clearly laid down the legal position that vehicles parked in front of the entrance or exit of a property and to the building is illegal. It was declared in_ _**2019(5) KHC 242** that in view of the Guide lines for Pedestrian Facilities formulated by the Indian Road Congress no parking for vehicles is legally permissible on the foot_ ::4:: ## **WP(C).No.14579 OF 2020(V)** _path, which is the portion of right of way. It is stated that the income derived from the shop is the only source to carry on their life and their family. This problem though has been brought to the notice of the authorities concerned, nothing has materialised till date._ It is in the light of these factual averments that the petitioner has filed the instant Writ Petition (Civil) seeking the following reliefs: - _“I) Issue a writ of mandamus or any other appropriate writ ,direction or order directing the direction directing respondents 2 to 6 to take appropriate steps to remove forthwith the unauthorised parking of auto rickshaws by the side of Thodupuzha –Puliyanmala State High way near the SBI, Muttom Branch and in front of the shops of the petitioners_ - _II) Issue a writ of mandamus or any other appropriate writ ,direction or order directing respondents 1 to 6 to see that the ingress and egress of public and customers of petitioners are not blocked in any manner by the auto rickshaws parked by the side of Thodupuzha – Puliyanmala State High way near the SBI, Muttom Branch and in front of the shops of the petitioners._ - _III) Issue a writ of mandamus or any other appropriate writ ,direction or order directing respondents to convene a meeting of Traffic Regulatory Authority to remove the unauthorised parking of auto rickshaws by the side of Thodupuzha –Puliyanmala State High way near the SBI, Muttom Branch and in front of the shops of the petitioners and decide the parking slot for the auto rickshaws._ - _IV) Issue a writ of mandamus or any other appropriate writ ,direction or order directing the respondents 2, 3 and 6 to consider Exhibit P 8 to Exhibit P 10 respectively’_ - _V) Any other reliefs this Hon’ble court.”_ 2. Heard Sri.V.Premchand, learned counsel for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for respondents 1 to 4. In the nature of the orders that is proposed to be passed in this petition notice to respondents 5 & 6 (Muttam Grama Panchayath) will stand dispensed with. ::5:: **WP(C).No.14579 OF 2020(V)** 3. The case of the petitioners is that autorickshaws are being illegally parked right in front of the petitioners' shop which block the road of access to their shop rooms and that the said location where the parking of autorickshaws is now taking place has not been approved either by the RTO as per the provisions of the Motor Vehicles Act or by the Traffic Regulatory Committee as per Sec.72 of the Kerala Police Act or by the local body concerned (Muttam Grama Panchayath) as per the provisions of the Kerala Panchayath Raj Act. It is pointed out that the petitioners have preferred Ext.P-7 complaint dated 20.5.2020 before the 6[th] respondent-Secretary of the Muttam Grama Panchayath and that this Court may direct the 6[th] respondent to place Ext.P-7 petition before the Traffic Regulatory Committee as per Sec.72 of the Kerala Police Act as the Chairman of the Traffic Regulatory Committee is the Chairman/President of the Local Self Government Institutions concerned. Sec.72 of the Kerala Police Act, 2011 provides as follows: _**Sec.72. Traffic Regulatory Committees.-** (1) In every Grama Panchayat, Municipality and Corporation Traffic Regulatory Committees shall be constituted as may be prescribed, for regulating matters in respect of traffic._ > _(2) The concerned head of the Local Government institution shall be the Chairman of the Traffic Regulatory Committee and the nominees of the District Magistrate, the District Police Chief, the_ ::6:: **WP(C).No.14579 OF 2020(V)** _Regional Transport Officer and the Executive Engineer of Public Works Department shall be the members of the said Committee._ _(3) The Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the following matters. Such orders issued shall be complied with by the Government Departments concerned, the officers and the general public, namely:-_ _(a) Regulate the manner and time of traffic of all kinds in public_ ## _places,_ _(b) Regulate the gateways, festoons, banners, hoardings, signs, representations, illuminated displays, construction activity, trade, welding, environment pollution, nuisance by noise, blasting of rocks, mining, bursting of crackers, flying of kites and fireworks etc, seen in any property in the manner having the possibility of distracting attention of the public road users or causing danger to them,_ _(c) Regulate the manner and mode of conveyance of timber, poles, ladders, iron girders, beams, iron bars, boilers, hay, soil and articles difficult in handling, etc along the streets,_ _(d) Regulate the carrying of any explosive substances or hazardous chemicals along public places which may cause danger to road users,_ _(e) Close certain streets or instruct that no one shall enter in certain places under circumstances that there is reasonable apprehension of danger from buildings which are on the verge of collapse of due to other reasons,_ _(f) Regulate the manner and means of entry from streets and public places to private buildings and places situated on the road side,_ _(g) Fix the manner in which the members of the general public may voluntarily assist in traffic management without causing any financial liability in that respect to the State or the Police Department._ _(4) Subject to the approval of the Traffic Regulatory Committee, the District Police Chief may issue orders on the above matters and such orders shall be submitted before the concerned Traffic Regularity Committee within seven days._ _(5) The orders submitted in such manner shall be considered by the Traffic Regulatory Committee and appropriate decision shall be take thereon,_ _Provided that the orders issued by the District Police Chief shall remain in force until a decision in taken by the Traffic Regulatory Committee._ _(6) A District Level Traffic Regulatory Committee shall be constituted, in the manner prescribed by the Government, for coordinating the activities of the Traffic Regulatory Committees in a District and to establish traffic regulations for the district as a whole in the above matters.”_ Sub-section (2) of Sec.72 mandates that _the concerned head of the_ _Local Government institution shall be the Chairman of the Traffic_ ::7:: ## **WP(C).No.14579 OF 2020(V)** _Regulatory Committee and the nominees of the District Magistrate, the District Police Chief, the Regional Transport Officer and the Executive Engineer of Public Works Department shall be the members of the said_ _Committee_ and sub-sec.(3) of Sec.72 further mandates that _the Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder,_ etc. 4. The petitioners have also relied on the decisions of this Court as in _**Chandran C.E v. District Collector, Kozhikode & ors**_ [2013 (3) KHC 53], _**Noushad M. & ors. v. State of Kerala & ors.**_ [2019(2) KHC 562 (DB)] _**, Kottamom (Kattiya Mangalam) Sree Dharma Sastha Temple Advisory Committee v. State of Kerala & ors**_ [2019 (4) KLT online 3081] _and_ _**Mathew P.D v. State of Kerala &**_ _**ors.**_ [2019(5) KHC 242] canvassing the above proposition that the impugned parking of the autorickshaws in front of the shops of the petitioners without necessary statutory permission would be illegal and improper, etc. 5. Taking note of the facts and circumstances, it is ordered that the 6[th] respondent-Secretary of the Grama Panchayat will ensure that the matter in relation to Ext.P-7 complaint is ::8:: **WP(C).No.14579 OF 2020(V)** placed before the Traffic Regulatory Committee which is headed by the President of the respondent-Grama Panchayat for consideration and for that purpose, inspection may also be conducted to ascertain various aspects mentioned in Ext.P-7 complaint and names of the office bearers of the Union/Trade union of the autorickshaw drivers in the said locality may also be obtained. Thereafter, it may also be ensured that the Traffic Regulatory Committee under the Chairmanship of the President of the respondent-Muttam Grama Panchayat, may afford reasonable opportunity of being heard to the petitioners as well as the affected persons through Union/Trade Union of the autorickshaw drivers and thereafter it may also be ascertained as to whether the parking of the vehicles in the present location has been done with the prior approval of the RTO authorities or Traffic Regulatory Committee or by the respondent-Muttam Grama Panchayat, etc., and then a considered decision may be taken on the matters raised in Ext.P-7 petition in accordance with law and after duly taking note of the legal principles laid down by this Court in the aforecited judgments without much delay, preferably within a period of 6 weeks from the date of production of a certified copy of this judgment. ::9:: **WP(C).No.14579 OF 2020(V)** The petitioners will produce certified copies of this judgment along with a copy of the memorandum of Writ Petition with all exhibits before the 6[th] respondent-Secretary of the Grama Panchayath along with copies of the aforecited reported judgments of this Court for necessary information and further action. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::10:: **WP(C).No.14579 OF 2020(V)** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE D&O LICENCE ISSUED BY THE MUTTOM GRAMA PANCHAYAT ISSUED TO 1ST PETITIONER.** **EXHIBIT P2 PHOTOGRAPH REVEALING THE INDISCRIMINATE PARKING OF AUTO RICKSHAWS.** **EXHIBIT P3 PHOTOGRAPH REVEALING THE INDISCRIMINATE PARKING OF AUTO RICKSHAWS.** **EXHIBIT P4 PHOTOGRAPH REVEALING THE INDISCRIMINATE PARKING OF AUTO RICKSHAWS.** **EXHIBIT P5 PHOTOGRAPH REVEALING THE INDISCRIMINATE PARKING OF AUTO RICKSHAWS.** **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 18.12.2013 ISSUED BY THE SECRETARY, MUTTOM GRAMA PANCHAYAT.** **EXHIBIT P7 TRUE COPY OF THE PETITION DATED 20.05.2020 SUBMITTED BEFORE THE SECRETARY, MUTTOM GRAMA PANCHAYAT.** **EXHIBIT P8 TRUE COPY OF THE PETITION DATED 20.05.2020 BEFORE THE CIRCLE INSPECTOR OF POLICE, MUTTOM.** **EXHIBIT P9 TRUE COPY OF THE PETITION DATED 21.05.2020 BEFORE THE REGIONAL TRANSPORT OFFICER, THODUPUZHA.** **EXHIBIT P10 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 17.06.2020.** **EXHIBIT P11 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 21.06.2020.**