SREEKUMARAN NAIR T.S. and others v. NEYYATTINKARA MUNICIPALITY and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944** ## **WP(C) NO. 7453 OF 2021** ## **PETITIONERS/:** 1 SREEKUMARAN NAIR T.S. AGED 61 YEARS C/O. SUMATHI AMMA, KAILASS, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM 695 133. 2 ANIL KUMAR T., AGED 54 YEARS C/O. THANKAPPAN NAIR, ANIL SADANAM, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM 695 133. 3 PRASANTH V.M., AGED 48 YEARS S/O. MANIKANTAN NAIR, NAITHASSERI VEEDU, ARUMANOOR, POOVAR, THIRUPURAM, THIRUVANANTHAPURAM 695 525. 4 ANTONY SATHYARAJ L, AGED 70 YEARS S/O. LAKSHMANAN NADAR, SARISA, KANJIRAMKULAM, THIRUVANANTHAPURAM 695 524. 5 ANIL KUMAR S.R., AGED 47 YEARS S/O. RAJAMMA, UMAYARATHALA HOUSE, ERUVAIKKONAM, MULLUVILA, P.O. THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM 695 133. BY ADVS. T.A.UNNIKRISHNAN SRI.K.K.AKHIL ## **RESPONDENTS:** - 1 THE NEYYATTINKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT 695 121. - 2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MOTOR VEHICLES DEPARTMENT, THIRUVANANTHAPURAM DISTRICT 695 00. **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **2** - 3 THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O. THIRUVANANTHAPURAM DISTRICT 695 014. - 4 DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE NEYYATTIKARA, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT 695 121. - 5 ADDL.R5. TRAFFIC REGULATORY COMMITTEE NEYYATTINKARA MUNICIPALITY, RESPRESENTED BY ITS CHAIRMAN, MUNICIPAL OFFICE, NEYYATTINKARA, THIRUVANANTHAPRUAM DISTRICT PIN - 695121. IS IMPLEADED AS PER ORDER DATED 20.07.2021 IN IA NO. 1/2021. - 6 ADDL R6 SHINU (SECRETARY AUTO-RICKSHAW DRIVERS UNION(CITRU), OLATHANNI JUNCTION, NEYYATTINKARA), S/O. SURENDRAN, SREERAGATHIL, KADAVATARAM DESAM, CHOONDUVILA, NEYYATTINKARA TALUK, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN -695121. - 7 ADDL R7 THULASEEDARAN @ CHRISTHUDAS,(PRESIDENT, AUTORICKSHAW DRIVERS UNION (CITU), OLATHANI JUNCTION, NEYYATTINKARA),S/O.MASILAMANI, MELE CHOONDUVILA VEETTIL, KADAVATARAM DESAM, CHOONDUVILA WARD, NEYYATTINKARA THALUK, NEYYATTINKARA VILLAGE,THIRUVANANTHAPURAM DISTRICT. PIN-695121. (ADDL.R6 AND R7 ARE IMPLEADED AS PER ORDER DATED 4.1.2023 IN I.A.NO. 2/2021) BY ADVS. SHRI.R.T.PRADEEP, SC, NEYYATTINKARA MUNC G.SUDHEER R.HARIKRISHNAN (H-308) BY SR.G.P. SMT. SURYA BINOY **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION** **ON 16.01.2023, ALONG WITH WP(C).38191/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944** ## **WP(C) NO. 38191 OF 2022** ## **PETITIONERS:** 1 ANIDAS.V.S, AGED 43 YEARS S/O.VIJYAN CHRIST NIVAS, NEAR C.S.I. CHURCH, PATHIRASSERI, OLATHANI, THIRUVANANTHAPURAM-695133. - 2 CHINJU R.A, AGED 36 YEARS S/O.RAJENDRAN AVITTAM, KODITHOTTAM, AVIKUZHI, OLATHANI, - THIRUVANANTHAPURAM 695133. 3 B.JAYAKUMARAN NAIR, AGED 55 YEARS S/O. BASKARAN, PUTHUKKADU HOUSE, P.D.P.NAGAR, VENPAKAL P.O., THIRUVANANTHAPURAM -695123. BY ADV T.RAJASEKHARAN NAIR ## **RESPONDENT/S:** - 1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. - 2 THE TRANSPORT COMMISSIONER, MOTOR VEHICLE DEPARTMENT, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014. - 3 DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE 8TH FLOOR, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM 695 043. - 4 REGIONAL TRANSPORT OFFICER, (ENFORCEMENT) THIRUVANANTHAPURAM DISTRICT, KSRTC TOWER, THAMPANOOR, THIRUVANANTHAPURAM 695 014. - 5 JOINT REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121. - 6 THE NEYYATTINKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 7 THE STATION HOUSE OFFICER, **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **4** NEYYATTINKARA POLICE STATION, NEYYATTINKARA, THIRUVANATHAPURAM. - 8 SATHIKUMAR, S/O. THANUKRISHNAN NAIR, (DRIVER OF KL01BN2231), PEZHUDUKUZHI S.S.BHAVAN, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 9 JAYAKUMAR, S/O.DAVID,( DRIVER OF KL 19 G 8218), POZHUVILA VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 10 VISHNU, S/O.MURUKAN,( DRIVER OF KL 20 J 6542) MURUKA BHAVAN, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 11 SHAJI, S/O.DAMODHARA PANICKER, (DRIVER OF KL 19 G 4699), ARUMANNOOR KALLAMPOTTAVEETTIL, POOVAR VILLAGE, THIRUVANANTHAPURAM. 695 121. - 12 SHINU, S/O.SURENDRAN, (DRIVER OF KL-19 E 2031) CHUNDUVILA SREERAGAM, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121. - 13 THULASIDHARAN, S/O.MASILAMANI, (DRIVER OF KL-01AZ2941) CHUDUVILA HOUSE, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 14 SUKU, S/O.KARANAKARAN, (DRIVER OF KL-20H1516) CHITTAKODUTHIRUCHOTHYIL, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 15 VIJAYAN, S/O.LAKSHMANAN NADAR, (DRIVER OF KL-742153) PATHIRASSERI MELA THAZHAMGATTU PUTHENVEETTIL, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 16 SAJU, S/O.MURUKAN, (DRIVER OF KL20 G 3656) AVIKUZHIYIL VEETTIL, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 17 SANTHOSH, S/O.CHRISTUDAS, (DRIVER OF KL-20 P7155), OLATHANI C.S. BHAVAN, KADAVATTARAM DESOM, NEYYATTINKARA, **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **5** THIRUVANANTHAPURAM. 695 121. - 18 SHIBU, - S/O. PONYAN NADAR, (DRIVER OF KL01 BY 7170) CHITTAKODU VESSAL BHAVAN, KADAVATTARAM, NEYYATTINKARA, THIURVANANTHAPURAM. 695 121. - 19 SHIJU, S/O.PONYAN NADAR, (DRIVER OF KL 20BX457) CHITTAKODU VESSAL BHAVAN, KADAVATTARAM, NEYYATTINKARA, THIURVANANTHAPURAM. 695 121. - 20 SUNILKUMAR, S/O.VELUKUTTY, (DRIVER OF KL 01 RA 5349) PATHIRASSERY THIRUVATHIRAYIL, KADAVATTARAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 21 SHAJI, S/O.KUTTAN NADAR, (DRIVER OF KL 01CN 9485) CHUDUVILA VEETTIL, KADAVATTARAM DESOM, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121. - 22 GOPAKUMAR , S/O.PADAMAVATHY, (DRIVER OF KL 01 BV3676) ARUNGAL KAVUVILA VEETTIL VENPAKAL, ATHIYANOOR, THIRUVANANTHAPURAM. 695123. - 23 SANAL, S/O.SUNNY, (DRIVER OF KL-01BS8389) KAVLAKULAM ELAMPLALACHERI PLANGALA PUTHEN VEETTIL, KADAVATTARAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695 121. - 24 BIJUKUMAR, S/O.BALANPILLA, (DRIVER OF KL20 H 3367) KITTAYARAKOONAM THERIVILA VEETTIL, VENPAKAL, ATHIYANNOOR, THIRUVANANTHAPURAM. 695 121. - 25 RENJITH, - S/O.SURENDRAN, (DRIVER OF KL 20 P 2630) KARTHIKA, NEAR PATHIRISSERI C.S.I. CHURCH, KADAVATTARAM, NEYYATTINKARA, THIRUVANANTHAPURAM. 695121. - 26 MADHU, S/O.ARJUNAPANICKER, (DRIVER OF KL 19 G 3564) PATTIVILA VEETTIL, THIRUPURAM VILLAGE, KUMULI WARD, THIRUVANANTHAPURAM. 695133. **6** ## **WP(C) Nos.7453 of 2021 & 38191 OF 2022** 27. THE CHAIRMAN, TRAFFIC REGULATORY COMMITTEE, NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA P.O.,THIRUVANANTHAPURAM – 695121. (IS IMPLEADED AS ADDITIONAL 27TH RESPONDENT AS PER ORDER DATED 16.1.2023 IN I.A. No.1/2023) BY ADVS. G.SUDHEER R.HARIKRISHNAN (H-308) R.T.PRADEEP – S.C. BY SR. G.P. SMT. SURYA BINOY **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH WP(C).7453/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING** **7** ## **WP(C) Nos.7453 of 2021 & 38191 OF 2022** ## **JUDGMENT** Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment. ## **W.P.(c) No. 7453 of 2021.** 2. The petitioners are doing business in the buildings on the side of Poovar-Neyyattinkara Highway, near Olathani junction. They are aggrieved by the parking of autorickshaws on the side of Poovar-Neyyattinkara road at Olathani junction causing traffic congestion. According to the petitioners, due to the parking of autorickshaws in front of their buildings, the ingress and egress to the shop rooms is obstructed and this has adversely affected their business. The petitioners also point out that on the issue of parking of autorickshaws, there always occur altercations between the drivers ## **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **8** and the shop owners resulting in law and order situation. Accordingly, the petitioners have sought for a direction to respondents to take appropriate action to avert the unauthorised parking of autorickshaws on the side of the PoovarNeyyattinkara road at Olathani Junction. ## **W.P.(c) No. 38191 of 2022.** 3. This writ petition is filed by three residents residing on either side of the Poovar-Neyyattinkara Road near Olathani junction. They have approached this Court aggrieved by the unauthorised parking of autorickshaws by respondents 8 to 26 at Olathani Junction. According to them, autorickshaws are parked on the side of Poovar-Neyyattinkara Road near Olathani junction without leaving sufficient space for the pedestrians to walk safely and in total disregard to the provisions contained under Rule 6 of the Kerala Panchayat Raj (Landing Places halting **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **9** places, Cart stands and other vehicle stand) Rules, 1995. The petitioners, therefore, pray for a direction to respondents 1 to 6 to initiate immediate action against respondents 8 to 26 for the unauthorised parking of autorickshaws on the side of PoovarNeyyattinkara Highway at Olathani Junction and for other allied reliefs. 5. Heard Sri. T. Rajasekharan Nair, the learned counsel for the petitioners in W.P.(c) No. 38191/2022 and Sri. T.A.Unnikrishnan, the learned counsel for the petitioners in W.P.(c) No.7453 of 2021 and Sri. G.Sudhir, the learned counsel for respondents 8 to 26 in W.P.(c) No.38191 of 2022 (except respondents 14 and 17), Sri. R.T.Pradeep, the learned Standing Counsel for Neyyattinkara Municipality and Smt. Soorya Binoy, the learned senior Government Pleader for the official respondents. ## **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **10** 6. The Division Bench of this Court in **Noushad M.** _**v**_ **. State of Kerala (2019 (2) KHC 562** ) has directed constitution of Traffic Regulatory Committee in Local Self Government every Institutions in terms of Section 72 of the Kerala Police Act. 7. Section 72 of the Kerala Police Act provide for constitution of a Traffic Regulatory Committee in all local authorities for regulating the manner and time of traffic of all kinds in public places, which includes power to demarcate autorickshaw/auto Taxi Stands also. Section 72(3) provides that the Committee shall issue orders not inconsistent with the provisions of the Motor Vehicles Act, 1988, the Kerala Road Safety Act, 2007 and the Rules made thereunder for preventing danger, obstruction and inconvenience caused to general public in respect of traffic and any matters provided under sub-sections ## **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **11** 3(a) to (3) (g) of Section 72. The Kerala Police Rules 2000 provide that the Traffic Regulatory Committee shall have the powers to annihilate or avoid traffic incidents obstructing or causing injuries to the general public and such instructions shall be complied with by all the Government departments and the general public. 9. Since a Traffic Regulatory Committee has been constituted for Neyyattinkara Municipality, I am of the view that the issues raised with regard to the parking of autorickshaws near Olathani Junction in Poovar-Neyyattinkara Highway can be relegated to the said Committee. 10. Though service of notice to respondents 14 and 17 is not complete, in view of the directions I propose to issue, notice to these respondents is dispensed with. There will be a direction to the Traffic Regulatory Committee/the additional **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **12** respondent in both writ petitions to consider and take a decision on the issues relating to parking of autorickshaws at Olathani Junction in PoovarNeyyattinkara Highway after hearing the petitioners and respondents 8 to 26 and all other stake holders whom the Committee deems fit to be heard. The Committee shall also consider the feasibility of the alternative place suggested in Ext. P3 as parking space for the autorickshaws. Before the Traffic Regulatory Committee takes a final decision, the views of the pedestrians and commuters at the Olathani Junction in Poovar-Neyyattinkara Highway randomly selected shall be ascertained and their views shall be discussed at the meeting of the Committee. Decision as above shall be taken within a period of six weeks from the date of receipt of a copy of this judgment. 13. Till a decision is taken by the Traffic **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **13** Regulatory Committee, the interim order passed by this Court on 3.9.2021 in W.P.(c) No.7453 of 2021 shall continue. The writ petitions are disposed of as above. ## **Sd/-** ## **MURALI PURUSHOTHAMAN** **JUDGE** al/-+ **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **14** ## **APPENDIX OF WP(C) 7453/2021** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LOCATION SKETCH OF THE PUBLIC ROAD AT OLATHANI JUNCTION. EXHIBIT P2 TRUE COPY OF THE QUESTIONNAIRE AND INFORMATION RECEIVED BY THE 5TH PETITIONER DATE 28/12/2020. EXHIBIT P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE WARD COUNCILOR, M. SUNITHA KUMARI TO THE 3RD RESPONDENT DATED NIL. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 0/1/2019 BETWEEN THE 2ND AND 3RD RESPONDENT. **WP(C) Nos.7453 of 2021 & 38191 OF 2022** **15** ## **APPENDIX OF WP(C) 38191/2022** PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 6TH RESPONDENT DATED 31.07.2021. Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18.10.2021. - Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WARD COUNCILOR BEFORE THE 2ND RESPONDENT. DTD.NIL. - Exhibit P4 A TRUE COPY OF THE LETTER DATED 10.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. - Exhibit P5 A TRUE COPY OF THE LETTER DATED 19.11.2020 ISSUED BY THE RESPONDENT. - Exhibit P6 A TRUE COPY OF THE LETTER DATED 15.12.2020 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER.