S.S. Sajith v. District Police Chief (Rural), Ernakulam; Station House Officer, Vadakkekara Police Station; Joint Regional Transport Officer; Secretary, Vadakkekara Grama Panchayat; Assistant Executive Engineer, PWD; Autorickshaw Drivers Union (CITU); Muraleedharan; Chairman, Traffic Regulatory Committee, Vadakkekara Grama Panchayat

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942** ## **WP(C).No.14787 OF 2020(W)** ## **PETITIONER:** **S.S.SAJITH, AGED 43 YEARS S/O. SIVADAS, SANKARAMALIYIL HOUSE, PARAVOOR VILLAGE, KACHERIPADY BHAGAM, PARAVOOR TALUK, NORTH PARAVOOR P.O., ERNKULAM DISTRICT-682513.** **BY ADVS. DR.V.N.SANKARJEE SRI.P.VISWANATHA MENON** ## **RESPONDENTS:** - **1 THE DISTRICT POLICE CHIEF (RURAL), ERNAKULAM AT ALUVA, OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA P.O., A.M. ROAD, NEAR POWER HOUSE, ERANKULAM-683101.** - **2 THE STATION HOUSE OFFICER, VADAKKEKARA POLICE STATION, MOOTHAKUNNAM, PARAVOOR TALUK, ERNAKULAM DISTRICT-683522.** - **3 THE JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICE, PERUMBADANNA, NORTH PARAVOOR, ERNAKULAM DISTRICT-683513.** - **4 THE SECRETARY, VADAKKEKARA VILLAGE PANCHAYAT, CHAKKUMARASERY, VADAKKEKARA, PARAVOOR TALUK, ERNAKULAM DISTRICT-683522.** -2- WP(C).No.14787 OF 2020(W) ||**5**|**THE ASSISTANT EXECUTIVE ENGINEER,**| |---|---|---| |||**PUBLIC WORKS DEPARTMENT, OFFICE OF THE**| |||**ASSISTANT EXECUTIVE ENGINEER, NORTH PARAVOOR,**| |||**ERNAKULAM DSITRICT-683513.**| ||**6**|**THE AUTORIKSHAW DRIVERS UNION (CITU),**| |||**REGD. NO. 305/86, KURIAPILLY SOUTH UNIT,**| |||**REPRESENTED BY ITS SECRETARY SAJITH, S/O.**| |||**HARIDAS, AGED 38, CHAMANTHARAYIL,**| |||**MOOTHAKUNNAM P.O., MOOTHAKUNNAM VILLAGE,**| |||**PARAVOOR TALUK, ERNKULAM DISTRICT-683516.**| ||**7**|**MURALEEDHARAN,**| |||**S/O. VIJAYAN, AGED 54, KATHAMAPARAMBIL,**| |||**MADAPLATHURUTH, MOOTHAKUNNAM P.O.,**| |||**MOOTHAKUNNAM VILLAGE, PARAVOOR TALUK,**| |||**ERNKULAM DISTRICT-683516.**| |***ADDL**|**R8**|**THE CHAIRMAN**| |**.**||**TRAFFIC REGULATORY COMMITTEE,**| |||**VADAKKEKARA GRAMA PANCHAYAT,**| |||**CHAKKUMARASERY, VADAKKEKARA,**| |||**PARAVOOR TALUK, ERNAKULAM DISTRICT - 683 522**| |||**(THE PRESIDENT, VADAKKEKARA GRAMA PANCHAYAT,**| |||**CHAKKUMARASERY, VADAKKEKARA, PARAVOOR TALUK,**| |||**ERNAKULAM DISTRICT - 683 522.)**| **(ADDL.R8 IS IMPLEADED AS PER ORDER DATED 02.03.2021 IN I.A.1/2020 IN WP(C).14787/2020.) R1-3, R5 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B R6 BY ADV. SRI.SURAJ.S R8 BY SHRI.B.H.MANSOOR, SC, VADAKKEKARA GRAMA PANCHAYAT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- WP(C).No.14787 OF 2020(W) ## **JUDGMENT** The petitioner, who is stated to be in possession and enjoyment of a property having an extent of 7.38 Ares (18¼ cents) covered by Ext.P1 Sale Deed No.3343 of 1987 dated 09.09.1987 of the Sub Registrar Office, North Paravoor, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 5 to stop unauthorised and illegal parking of autorikshaws on the side of Kuriapilly South-Machamthuruthu PWD Road, in front of the petitioner's premises covered by Ext.P1 and to shift it from there. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to provide him adequate police protection averting the unlawful activities of the members of the 6[th] respondent Autorickshaw Drivers Union, including the 7[th] respondent, by parking their autorikshaws in front of the petitioner's premises, covered by Ext.P1 and on the side of the PWD road. 2. On 22.07.2020, when this writ petition came up for admission, this Court issued notice before admission to -4- WP(C).No.14787 OF 2020(W) respondents. The learned Government Pleader took notice for respondents 1 to 3 and 5. The learned Standing Counsel took notice for the 4[th] respondent Grama Panchayat. Urgent notice by speed post was ordered to respondents 6 and 7. This Court directed the petitioner to implead the Chairman of the Traffic Regulatory Authority of the 4[th] respondent Grama Panchayat as additional respondent. 3. By the order dated 02.03.2021 in I.A.No.1 of 2020, the Chairman, Traffic Regulatory Committee, Vadakkekara Grama Panchayat was impleaded as the additional 8[th] respondent and the learned Standing Counsel took notice for the said respondent. 4. Along with the memo filed by the learned Government Pleader, the report of the 2[nd] respondent Station House Officer is placed on record, wherein it is stated that the matter regarding parking of autorickshaws in the area in question is now pending consideration before the additional 8[th] respondent Traffic Regulatory Committee. 5. Heard the learned counsel for the petitioner, the -5- WP(C).No.14787 OF 2020(W) learned Government Pleader appearing for respondents 1 to 3 and 5, the learned Standing Counsel for respondents 4 and 8 and also the learned counsel for the 6[th] respondent. Despite service of notice, none appears for the 7[th] respondent. 6. In **Noushad M. and Others v. State of Kerala and others [2019 (2) KHC 562]** , a Division Bench of this Court held that permitting parking of autorickshaws permanently in front of shop rooms on the side of Highway is an appropriation of private right of owners of shops and houses to have free access to Highways. Obstructing such private right is not justified. In the said decision the Division Bench was dealing with an unauthorised autorickshaws stand, which has not been approved by the Grama Panchayat or anybody else. In the said decision, arising out of a writ petition filed seeking police protection, this Court directed the Grama Panchayat to constitute Traffic Regulatory Committee in accordance with Section 72 of the Kerala Police Act, 2011 and to determine the location of the parking place for autorickshaws in consultation with the District Police Chief and -6- WP(C).No.14787 OF 2020(W) the Regional Transport Authority. Until a decision is taken by the competent authority, this Court permitted five autorickshaws at a time being parked in the existing parking place to assist the general public, subject to any other decision taken by the Regional Transport Authority, in consultation with the local authority. 7. In **Kottamom (Kottiyar Mangalam) Sri Darmasastha Temple Advisory Committee v. State of Kerala and others [2019 (5) KHC SN 27]** this Court noticed that, a reading of the decision of the Division Bench in **Noushad** and also the decisions referred to therein would show that, the law laid down in those decisions in no way support the contention of the petitioner that no autorickshaw stand can be permitted to be established at any point the temple property touches the National Highway. As per clause (5) of Regulation 5 of the Motor Vehicles (Driving) Regulations, 2017, the driver of a vehicle has to ensure that his vehicle, while moving or when stationary does not cause any hindrance or undue inconvenience to other road users or -7- WP(C).No.14787 OF 2020(W) to occupants of any property. In view of the provisions under sub-clause (i) of clause (2) of Regulation 22, no vehicle shall be parked in front of the entrance or exit of the property. In view of the provisions under sub-clause (c) of clause (2), no vehicle shall be parked on the footpath. In view of the provisions under sub-clause (b) of clause (2) of Regulation 22, no vehicle shall be parked on a main road or at a stretch of a road where the notified maximum speed limit is 50 km per hour or more. If the road margin in front of the temple is having sufficient width to park motor vehicles, without causing any obstruction to the passage of pedestrians, and without violating the provisions under the Motor Vehicles (Driving) Regulations, 2017 referred to above, the petitioner cannot seek an order preventing parking of any vehicles in that road margin. 8. The grievance of the petitioner is against parking of autorickshaws in front of his property. As evident from Ext.P8 photographs, autorickshaws are being parked in front of the petitioner's property, blocking entry to that property. -8- WP(C).No.14787 OF 2020(W) 9. The learned Government Pleader would point out that the matter relating to parking of autorickshaws in the area in question is now pending consideration before the 8[th] respondent Traffic Regulatory Committee. 10. The learned counsel for the 6[th] respondent would submit that at present, no autorickshaws are being parked in front of the petitioner's property, blocking entry to that property. Having considered the pleading and materials on record and also the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing respondents 2 and 3 to take necessary steps to ensure that there is no parking of autorickshaws in the area in question, blocking entry to the petitioner's property. The 8[th] respondent Traffic Regulatory Committee shall take an appropriate decision in the matter of parking of autorickshaws in the area in question, taking note of the law laid down in the decisions referred to supra and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, as expeditiously as -9- WP(C).No.14787 OF 2020(W) possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. **Sd/-** ## **ANIL K.NARENDRAN, JUDGE** AV/12/3 -10- WP(C).No.14787 OF 2020(W) ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3343/1987 DATED 09/09/1987 ON THE FILE OF THE SRO, NORTH PARAVOOR. EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT 29/05/2020 ISSUED BY THE 4TH RESPONDENT PACHANAYT. EXHIBIT P3 TRUE COPY OF THE LICENSE DATED NO.A33831/19-20.207 DATED 02/05/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE INFORMATION/LETTER DATED 10/07/2020 ISSUED BY THE STATE INFORMATION OFFICER ATTACHED TO THE 4TH RESPONDENT WITH APPLICATION DATED 01/07/2020. EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 03/08/2019 LODGED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P6 TRUE OF THE G-DAIRY DATED 20/08/2019 OF THE 2ND RESPONDENT POLICE STATION. EXHIBIT P7 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 25/06/2020 SENT TO RESPONDENTS 1 TO 5 BY REGISTERED POST WITH POSTAL RECEIPT AND ACKNOWLEDGEMENT CARDS (5 NOS. EACH). EXHIBIT P8 PHOTOGRAPHS SHOWING THE STATE OF AFFAIRS OF THE OBSTRUCTION IN FRONT OF THE PETITIONER'S PREMISES.**