Wilson et al. v. Circle Inspector of Police Kodakara Police Station and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1[ST] DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944** ## **WP(C) NO. 32180 OF 2018** ## **PETITIONER/S:** - 1 WILSON AGED 50 YEARS S/O DEVASSIKUTTY. MANJALI HOUSE, MANAKULANGARA P.O, THRISSUR DISTRICT - 2 CLEATUS, S/O. LONAPPAN, VADAKKETHALA HOUSE, MANAKULANGARA P.O, THRISSUR DISTRICT. - 3 BABU S/O. KRISHNANKUTTY NAIR, KADAMAPATT HOUSE, KOPLIPADAM, VELLIKULANGARA P.O, THRISSUR DISTRICT. - 4 P.B BHASI, S/O. BALAN, PANDARAPARAMBIL HOUSE, MANAKULANGARA P.O, THRISSUR DISTRICT. - 5 LIJO JOHN, S/O. LONAPPAN, VADAKKETHALA HOUSE, MANAKULANGARA P.O, THRISSUR DISTRICT. BY ADV V.M.KRISHNAKUMAR ## **RESPONDENT/S:** - 1 CIRCLE INSPECTOR OF POLICE KODAKARA POLICE STATION, THRISSUR DISTRICT , PIN 680684 - 2 KODAKARA GRAMAPANCHAYATH REP BY ITS SECRETARY, KODAKARA, THRISSUR DISTRICT, PIN 680 684. - 3 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, IRINJALAKUDA, THRISSUR DISTRICT PIN 680 121. - 4 REGIONAL TRANSPORT AUTHOIRITY, REP BY ITS SECRETARY CIVIL STATION, THRISSUR, PIN 680 003. - 5 TRAFFIC REGULATORY COMMITTEE KODAKARA GRAMAPANCHAYATH REP. BY ITS PRESIDENT, GRAMAPANCHAYATH OFFICE, KODAKARA, THRISSUR DISTRICT, PIN 680 684. - 6 THRISSUR JILLA AUTO AND LIGHT MOTORS UNION (CITU) KODAKARA UNIT REP BY SECRTARY, KODAKARA, THRISSUR DISTRICT, PIN 680 684. ``` WP(C) NO. 32180 OF 2018 ``` ``` 2 ``` 7 ALL DRIVERS UNION (INTUC) KODAKARA UNIT REP BY ITS PRESIDENT, KODAKARA, THRISSUR DISTRICT, PIN 680 684. 8 BHARATIYA MASDOOR SANGH(BMS) KODAKARA UNIT REP., BY ITS SECRTARY, KODAKARA, THRISSUR DISTRICT, PIN 680 684. BY G.P. SRI. SYAMANTHIK BY SRI. M.R.ANISON – S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 32180 OF 2018 ``` ``` 3 ``` ## **JUDGMENT** The petitioners are conducting business in the buildings situated in Kodakara junction (Old National Highway Road). They have approached this Court aggrieved by Exts.P9 and P10 orders passed by the Kodakara Grama Panchayat (hereinafter referred to as the 'Panchayat', for short) permitting parking of five autorickshaws at a time in front of the shops of the petitioners. The impugned orders are passed pursuant to Ext. P6 Judgment of this Court directing the Panchayat to consider the grievance of the petitioners regarding unauthorised parking of autorickshaws in front of their premises. 2. According to the petitioners, there are three autorickshaws parking centers in the Panchayat authorised under the Kerala Panchayat Raj (Landing places, halting places, cart stands and other vehicle ``` 4 ``` ``` WP(C) NO. 32180 OF 2018 ``` stands) Rules, 1995 _viz_ ., one near the bus stand, another near Santhi Hospital and another underneath the flyover and there is no reason why the autorickshaws should be allowed to be parked in road margin, in front of the shops of the petitioners obstructing the ingress and egress to their premises and creating traffic congestion. The petitioners refer to Ext.P5 judgment of this Court wherein it was held that a minimum of 1.5 metres beyond the tarred margin is to be left for pedestrian traffic throughout the State in terms of Rule 6 of the Kerala Panchayat Raj (Landing places, halting places, cart stands and other vehicle stands) Rules, 1995. 3. A counter affidavit is filed on behalf of the Panchayat wherein it is stated that Exts.P9 and P10 orders are passed pursuant to the resolutions of the Panchayat Committee based on the decisions taken by the Traffic Regulatory Committee of the Panchayat and the decisions are binding on all concerned. 4. A counter affidavit is filed by respondents 6 to ``` 5 ``` ``` WP(C) NO. 32180 OF 2018 ``` 8 trade unions representing the autorickshaw drivers stating that the parking place in front of the petitioners buildings was in existence for more than 35 years and all parties had agreed to the decision of the Traffic Regulatory Committee and there is no traffic congestion caused by the parking of autorickshaws at the present place. 5. Heard Sri. Ranjith Thampan, the learned senior counsel for the petitioner, Sri. M.R. Anison, the learned counsel for the Panchayat, Sri. Rajith, the learned counsel for respondents 6 to 8 and Sri. Syamanthak, the learned Government Pleader. 6. A Division Bench of this Court in **Noushad M.** _**v.**_ **State of Kerala (2019 (2) KHC 562: 2019 (2) KLT SN 60)** held that, it is within the realm of the Panchayat to determine the location of a parking place for autorickshaws /taxis in consultation with District Police Chief and the Regional Transport Officer. The Court in paragraph 19 of the said decision held as follows: ``` WP(C) NO. 32180 OF 2018 ``` ``` 6 ``` “19. In this context, reference may also be made to S.117 of the Motor Vehicles Act, 1988. As per S.117 of the Motor Vehicles Act, 1988, the State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicle may stand either indefinitely or for a specified period of time and determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. Going by S.117 of the Motor Vehicles Act and R.344 of the Kerala Motor Vehicles Rules, 1989, it is within the realm of the 8th respondent to determine the location of a parking place for autorickshaws/taxis in consultation with respondents 2 and 7. S.72(1) of the Kerala Police Act mandates Traffic Regulatory Committees in every Grama Panchayat, Municipality and Corporation for regulating matters in respect of traffic. S.72(2) of the Kerala Police Act provides that 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 Regional Transport Officer and the Executive Engineer of the Public Works Department shall be the members of the said committee. S.72(3) provides that the Traffic Regulatory committee ``` WP(C) NO. 32180 OF 2018 ``` ``` 7 ``` shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 and the Kerala Road Safety Act, 2007 and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the matters provided under sub-sections (3)(a) to (3)(g) of S.72. It is evident from Ext.P9 information issued by the Panchayat pursuant to the information sought invoking the provisions of the Right to Information Act that there exists no prescribed autorickshaw stand in front of the petitioners' shoprooms and buildings. Thus, it is evident that no autorickshaw stand has been approved by the 8th respondent-Panchayat or anybody else.” As per Rule 6 (2) (c) of the Kerala Police Rules, 2020, the District Police Chief shall constitute Traffic Regulatory Committees at Grama Panchayath levels for regulating Traffic matters, consisting of the President of the Grama Panchayath as its Chairman, (ii) Officer nominated by the District Magistrate as Member, (iii) Officer nominated by the District Police Chief as Member/ Convener, (iv) Officer nominated by the Regional Transport Officer as Member and (v) Officer nominated by the Executive Engineer, Public Works Department as Member. Rule 6 ``` 8 ``` ``` WP(C) NO. 32180 OF 2018 ``` (2) provides that the Traffic Regulatory Committees thus formed shall have the power to facilitate control and arrangements of traffic subject to the provisions in the Motor Vehicles Act, 1988 (59 of 1988), and Kerala Road Safety Act, 2007 (8 of 2007) and the rules made thereunder and shall have the power to annihilate or avoid traffic incidents obstructing or causing injuries to the general public and such instructions of them shall be complied with by all the Government Departments concerned and the general public. Rule 6 (5) provides that the Traffic Regulatory Committees shall convene meeting at least once in a month. 7. The decision of the Panchayat pursuant to the decision of the Traffic Regulatory Committee in the case on hand is of the year 2018. Taking note of the fact that the population density as well the traffic density will increase by passage of time, the control and arrangements of traffic, parking _etc_ ; cannot remain the same for all times and shall be reviewed periodically. ``` WP(C) NO. 32180 OF 2018 ``` ``` 9 ``` Therefore, the decision in Exts.P9 and P10 relating to parking of autorickshaws at the Kodakara junction (Old National Highway road) requires reconsideration. 8. Accordingly, there will be a direction to the 5[th] respondent, the Traffic Regulatory Committee constituted for Kodakara Grama Panchayat to consider and take a decision on the issue relating to parking of autorickshaws at Kodakara Junction (Old National Highway road) in front of the petitioners’ buildings with notice to the petitioners, respondents 6 to 8, the Kodakara Merchants Association and other stakeholders as the Traffic Regulatory Committee deems fit. The views of the pedestrians and commuters randomly selected from site, shall also be recorded by a site visit and shall be discussed at the time of hearing. Decision as above shall be taken within a period of six weeks from the date of receipt of a copy of this Judgment. The secretary of the 2[nd] respondent Panchayat shall place the copy of the Judgment before the convenor of the Traffic Regulatory ``` WP(C) NO. 32180 OF 2018 ``` ``` 10 ``` Committee for compliance forthwith on its receipt. The writ petition is disposed of with the above directions. There will be no order as to costs. **Sd/-** **MURALI PURUSHOTHAMAN JUDGE** al/-+ ``` WP(C) NO. 32180 OF 2018 ``` ``` 11 ``` ## **APPENDIX OF WP(C) 32180/2018** PETITIONER EXHIBITS EXHIBIT P1 PHOTOGRAPHS SHOWING THE ILLEGAL PARKING OF AUTO RICKSHAWS IN FRONT OF THE PETITIONERS SHOP ROOMS. EXHIBIT P1 PHOTOGRAPHS SHOWING THE ILLEGAL PARKING OF AUTO RICKSHAWS IN FORNT OF THE PETITIONERS SHOP ROOMS EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WP(C) 6000/2011 DATED 28-01-2016 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 23-022018 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 23-02-2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23-022018 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 24-02-2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 18168/2011 DATED 08-04-2013. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 02-04-2018 IN W.P(C) NO. 11305 OF 2018 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 05-07-2018 EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF A DIVISION BENCH OF THIS HON'BLE COURT REPORTED 2018(2) KHC 812 EXHIBIT P9 TRUE COPY OF ORDER NO. A3-6110/2018 DATED 24-072018 EXHIBIT P10 TRUE COPY OF ORDER NO. A3-6110/2018 DATED 04-082018 EXHIBIT P11 TRUE COPY OF THE REPRESENTATION FILED BY KODAKARA MERCHANTS ASSOCIATION DATED 18-072018 EXHIBIT P12 PHOTOGRAPH SHOWING THE MANNER IN WHICH AUTO-RICKSHAWS ARE PARKED IN FRONT OF THE SHOP-ROOMS OF THE PETITIONERS. RESPONDENTS EXHIBITS EXT.R2(A) TRUE COPY OF THE RELEVANT PAGES OF THE DECISION OF THE TRAFFIC REGULATORY COMMITTEE DATED 24.12.2016. EXT.R2(B) TRUE COPY OF THE DECISIONOF THE TRAFFIC REGULATORY COMMITTEE DATED 23.01.2018. EXT.R2(C) TRUE COPY OF THE DECISION OF THE TRAFFIC REGULATORY COMMITTEE DATED 02.7.2018.