The Avenue Regent v. Director General of Police, Police Headquarters; Inspector General of Police, Traffic Division; City Commissioner of Police, Kochi; Traffic Safety Committee

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR** **THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932** **WP(C).No. 4695 of 2010(J)** **------------------------------------** **PETITIONER:** - **-------------------** **THE AVENUE REGENT, M.G.ROAD, ERNAKULAM, KOCHI-16, REPRESENTED BY THE MANAGING DIRECTOR, SRI.O.T.ALEXANDER.** **BY ADV. MR.ROY CHACKO.** **RESPONDENTS:** **------------------------** **1. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.** **2. THE INSPECTOR GENERAL OF POLICE, TRAFFIC DIVISION, POLICE HEADQUARTERS,VAZHUTHACAUD THIRUVANANTHAPURAM.** **3. CITY COMMISSIONER OF POLICE, KOCHI CITY, KOCHI-682 031.** **4. THE TRAFFIC SAFETY COMMITTEE, REPRESENTED BY ITS CHAIRPERSON, DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, KOCHI-682 030.** **R1 TO R4 BY SR.GOVERNMENT PLEADER MR. P.N. SANTHOSH.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON 25/03/2010 DELIVERED THE FOLLOWING:** **prv.** ## **T.R. Ramachandran Nair, J.** **- - - - - - - - - - - - - - - - - - - - - - - -** ## **W.P.(C) No.4695 of 2010-J** **- - - - -- - - - - - - - - - - - - - - - - - - - -** ## **Dated this the 25th day of March, 2010.** ## **JUDGMENT** The petitioner herein is a Four Star classified business hotel situated on the side of M.G. Road, Kochi. It is represented by its Managing Director. The petitioner is aggrieved by the traffic regulations effected by respondents 3 and 4, which according to them, prevent direct entry to the Hotel from M.G. Road. It also prevents vehicles coming from south for reaching the hotel directly from M.G. Road. 2. The Hotel is situated on the side of M.G. Road. It is stated that until 2008 all the guests coming to the hotel in their vehicles proceeding towards Jos Junction from the southern side, were taking a right turn in front of the hotel for proceeding towards the car parking area situated on the Nettipadam Road which is a road connecting M.G. Road with the Chittoor road. In 2008 the third respondent Commissioner of Police and his subordinate officials decided to put up barricades in front of the hotel in the name of traffic reforms. It is being opposed by the petitioner on the ground that now the vehicles proceeding to the hotel, especially from the southern side, will have to proceed right upto the Jos Junction and take a 'U' turn for wpc 4695 /2010 2 reaching the parking area of the petitioner's hotel. Heavy vehicles like luxury buses carrying tourists coming to the hotel cannot reach the hotel for the reason that the traffic police have restricted the free flow of these vehicles along the M.G. Road. They have to take a circular route through the Woodlands Junction to come to the hotel. It is submitted that there is loss of revenue and such a restriction would be one on the freedom of free movement which cannot be justified as it amounts to violation of Article 19 of the Constitution. It is pointed out that in the event of any eventuality like a fire accident, there will be delay in getting proper help because of the present arrangement. The petitioner has therefore filed representations to the first respondent as Ext.P1, to the second respondent as Ext.P2, to the third respondent as Ext.P3 and to the fourth respondent as Ext.P4, seeking their intervention for introducing direct access to the vehicles coming to the hotel from M.G. Road, as before. 3. As directed by this Court, a statement has been filed by the third respondent which states as follows: “2. It is submitted that, Kochi City is perhaps the most traffic congested city in Kerala having about 6000 vehicles to pass through a point every hour of the day. The most important road in the city where vehicular traffic is experienced at its highest are MG Road, S.A. Road and Banerji road. Of these three, MG Road runs through wpc 4695 /2010 3 the heart of the City of Kochi and consequently experiences the highest degree of vehicular density. ## Main Characteristic of MG Road As regards the traffic within the city, vehicle from the southern side of the city as well as vehicles from out the District and even out the State too, enter Kochi City along SA Road and join MG Road at Pallimukku Junction. 3. As regards vehicular traffic from the eastern side of the city (Fort Kochi, Matanchery, W. Island etc) and joins MG Road at Pallimukku and proceed into different destinations in the city. 4. At the same time a section of the vehicles from the eastern side proceedings towards towards the west and south diverge at the pharmacy junction to the left and enter MG Road and proceed towards Pallimukku junction to move to west and south where as vehicle which have to pass though Menaka junction enter Unniyattil road and enter MG road through DCC junction, Jose Junction and proceed through MG Road towards the west and the south destinations. Therefore, the area of the city between Jose junction and Pallimukku has become the most congested area of vehicular traffic in Kochi city and vehicle had to take even half an hour to pass a point of traffic from another in this area prior to the introduction of the present traffic reforms. 5. The hotel Avenue Regent is situated near Dwaraka junction between Pallimuku and Jose junction on MG Road, given the present status of the traffic vehicle hailing from Jose Junction have easy access to the Avenue Regent Hotel while only those vehicle wpc 4695 /2010 4 proceeding from Pallimuku along the other track of the road need to proceed to Jose junction travelling approximately 80 mtrs ahead and take turn to enter the track on the side of the Avenue Regent.” 4. It is the case of the respondents that so as to reduce the severe traffic congestion experienced between Pallimuku and Jose junction on the MG Road, that the City Traffic Police introduced new traffic reforms which have really brought positive results in averting traffic congestion in the said area. Various steps taken in the matter have been explained in the statement and it is mentioned that in the light of the above traffic reforms, the City Traffic Police have been able to bring down the severely felt traffic congestion to 50% ever than before. 5. With regard to the averment that the petitioner is at a receiving end, it is explained in the statement that traffic movement had also been restricted from having direct access to the LIC of India office, Krishna Hospital and Ceylon Bake House which is opposite to the Avenue Regent Hotel. It is mentioned that there is facility for quadrilateral traffic at every 70 meters of the 3 kms. stretch of the M.G. Road between Pallimuku junction and Pharmacy junction. It is further submitted that these measures have been accepted by the business class in general. It is also stated that in view of the present state of the flow of traffic, fire force 5 wpc 4695 /2010 department vehicles and the police can have speedy access to the hotel than before as traffic congestion has considerably been reduced. It is also explained that the customers of the petitioner Hotel need only to travel approximately 70 meters more than before in order to reach the parking area of the hotel. 6. It was vehemently argued by Shri Roy Chacko, learned counsel for the petitioner that the traffic regulations have put the petitioner in a difficult situation. It is therefore submitted that the second respondent may be directed to have a relook in the matter as requested for by the petitioner. 7. I am not satisfied that the matter requries any interference at the hands of the authorities like respondents 1 and 2 or this Court, as evidently the measures taken by the respondents are only for regulating the busy traffic and to regulate congestion in the M.G. Road. The number of vehicles plying through this road have been explained in the statement. Various institutions, hotels, hospitals and other public offices as well as business establishments are situated on either side of the said road. It is not a case of the petitioner that every one of the establishments have got direct entry from M.G. Road. It is not a case where the petitioner alone is singled out for a differential treatment. The regulation of traffic is entirely within the purview of respondents 3 and 4 and they can initiate any action for the wpc 4695 /2010 6 free flow of traffic. The interest of general public is really important while considering the individual hardship. The fact that the persons who use vehicles, will have to go only 70 meters to take a 'U' turn, to reach the Hotel is also noteworthy. With regard to the apprehension that in the case of fire accident, the vehicles may not easily reach the Hotel, there is no merit in the same, as in any eventuality the police and fire personnel are entitled to take appropriate measures, even by controlling/stopping the other vehicles for easy movement of their vehicles. 8. The power to regulate traffic conferred under Section 18 of the Kerala Police Act is evident. This Court in **Abdul Khader v. State of Kerala** (1990 (2) KLT 35), while considering the scope of the said power, held that a citizen has no right to insist that the regulation should be in a particular way. The relevant discussion contained in para 3 of the said judgment is extracted below: “S.18 comprehends not only regulation of traffic but also “Preservation of order in public places”. Preservation of order is a much larger concept, than mere regulation of traffic. Such power should be available to administrative authorities to deal with problems that may arise from time to time. It may be that owing to a contingency such as a riot, a procession, an accident, a fire, or natural causes, free flow of traffic or preservation of order in public place may become difficult. In such a situation, a power wpc 4695 /2010 7 more than the power to regulate traffic simpliciter will have to be exercised by the executive authorities who have first hand knowledge of the problem and whose responsibility it is to preserve order and regulate traffic. such power is available under S.18 of the Kerala Police Act. The section does not confer a right on the citizen and he has no right to insist that regulation should be in a particular way or that there should be no regulation. True convenience of the public also must be taken into account by the authority taking a decision.” 9. In the light of the above legal position also, the petitioner cannot contend that the action taken by respondents 3 and 4 are arbitrary and illegal. Respondents 3 and 4 are well empowered to take appropriate action for regulating the traffic, especially through the nerve centre of the Kochi city, viz. M.G. Road. Nobody can have a vested right to have direct access to the establishment from the road itself. Respondents 3 and 4 have not permanently banned any entry to the hotel and what is involved is only a regulation of the traffic. For all these reasons, the writ petition fails and the same is dismissed. ## **(T.R. Ramachandran Nair, Judge.)** ## **kav/**