WP(C) Nos. 2053 of 2021 and 3216 of 2020: Santosh P.N. & Rajan K.V. v. District Collector, Regional Transport Authority, Regional Transport Officer, Joint Regional Transport Officer, Sub Inspector of Police, Chellanam Grama Panchayat, Secretary, Chellanam Grama Panchayat, Auto Taxi Drivers Union, Yatheendras M.G., Martin V.J., Suresh, and Traffic Regulatory Committee (Addl.R12); and Suresh A.G. & others v. State of Kerala & others (WP(C) No. 3216/2020)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA,** ## **1946** # **WP(C) NO. 2053 OF 2021** ## **PETITIONERS:** - **1 SANTHOSH P.N AGED 41 YEARS S/O. NICLAVOSE, PALLIPARAMBIL, NORTH CHELLANAM P.O. KOCHI 682 008.** - **2 RAJAN.K.V., AGED 49 YEARS S/O.K.T. VALATHA, KALATHIL HOUSE, NORTH CHELLANAM P.O. KOCHI 682 008. BY ADVS. C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SHRI.BABU M. SMT.ANCY THANKACHAN SHRI.NIDHIN RAJ VETTIKKADAN SRI.HAARIS MOOSA SMT.DEVYANI SMT.NIKHITA ANN REBELLO** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT 682 030.** - **2 THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT 682 030.** - **3 THE REGIONAL TRANSPORT OFFICER, MOTORS VEHICLE DEPARTMENT, OFFICE OF THE RTO, COLLECTORATE, KAKKANAD, ERNAKULAM RESTRICT 682 030.** - **4 THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MATTANCHERRY, ERNAKULAM 682 002.** - **5 THE SUB INSPECTOR OF POLICE, KANNAMALI POLICE STATION, KANNAMLI, ERNAKULAM DISTRICT 682002.** WPC Nos.2053/2021 & 3216/2020 ``` 2 ``` - **6 THE CHELLANAM GRAMA PANCHAYATH CHELLANAM P.O. ERNAKULAM DISTRICT 682 008, REPRESENTED BY ITS SECRETARY.** - **7 THE SECRETARY, CHELLANAM GRAMA PANCHAYATH, CHELLANAM, P.O. ERNAKULAM DISTRICT 682 008.** - **8 AUTO TAXI DRIVERS UNION (BMS), REPRESENTED BY ITS SECRETARY MR. SURESH K.K. CHELLANAM PANCHAYATH, CHELLANAM P.O. ERNAKULAM DISTRICT 682 008.** - **9 YATHEENDRADAS M.G, MANGATTU PARAMBIL HOUSE, SOUTH CHELLANAM P.O. KOCHI 682 008.** - **10 MARTIN V.J., VAZHAKKOOTATHIL HOUSE, SOUTH CHELLANAM P.O. ERNAKULAM DISTRICT 682 008.** - **11 SURESH, S/O. KUNJAPPAN, KARAPADATH HOUSE, MARUVAKADU, CHELLANAM, P.O. KOCHI 682 008.** - ***Addl.R12 THE TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY ITS CHAIRMAN (THE PRESIDENT, CHELLANAM GRAMA PANCHAYAT, CHELLANAM P.O., PIN- 682008 )IS SUO MOTU IMPLEADED AS ADDITIONAL 12TH RESPONDENT.** **BY ADVS. SRI.DINESH R.SHENOY SRI.ANOOP.V.NAIR SRI.EBIN MATHEW SRI.P.ROHIT PREMANANDAN SHENOY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).3216/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.2053/2021 & 3216/2020 ``` 3 ``` ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946** ## **WP(C) NO. 3216 OF 2020** ## **PETITIONERS:** - **1 SURESH AGED 38 YEARS** **S/O. KUNJAPPAN, RESIDING AT KARAPADATH HOUSE, MARUVAKADU, CHELLANAM P.O.,KOCHI682 008 (VEHICLE NO KL-43F-4987)** - **2 MARTIN.V.J., RESIDING AT VAZHAKKOOTATHIL HOUSE, SOUTH CHELLANAM, CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO KL-43F-3414)** - **3 SHYJU, AGED 33 YEARS** **S/O. RAJU, RESIDING AT VILAKKANATTU HOUSE, CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO KL-43F-871)** - **4 ANTONY SEBIN, RESIDING AT VALIYAVEETTIL HOUSE, CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO KL-43F-2005)** - **5 SAJEESH.V.R., VILAKKANATTU HOUSE, COMPANYPADY, CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO KL-41G-3186)** - **6 GEORGE ANTONY, RESIDING AT KALLANGARA HOUSE, GONDU PARAMBU, CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO KL-73A-8427)** - **7 JOSE MON, RESIDING AT THEKKAE ALUNGAL HOUSE, CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO KL-43F-2749)** WPC Nos.2053/2021 & 3216/2020 ``` 4 ``` - **8 ANTONY VINISH, RESIDING AT KUTTAPPASSERIL , GONDUPARAMB, CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO KL-40K-6846)** - **9 JOSEPH.K.A., RESIDING AT KUTTAPPSSERI HOUSE, GONDU PARAMBU,CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO KL-43J-1208)** - **BY ADVS. ANOOP.V.NAIR SHRI.NIKITHA ANTONY** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUAM-695 001** - **2 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM DISTRICT-682 030, REPRESENTED BY IS SECRETARY** - **3 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682 030** - **4 THE REGIONAL TRANSPORT OFFICER, MOTORS VEHICLE DEPARTMENT, OFFICE OF THE RTO, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT-682 030** - **5 THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MATTANCHERRY, ERNAKULAM-682 002** - **6 THE SUB INSPECTOR OF POLICE KANNAMALI POLICE STATION, KANNAMALI, ERNAKULAM DISTRICT-682 002** - **7 THE CHELLANAM GRAMA PANCHAYAT CHELLANAM P.O., ERNAKULAM DISTRICT-682 008, REPRESENTED BY ITS SECRETARY** - **8 THE SECRETARY, CHELLANAM GRAMA PANCHAYAT, CHELLANAM P.O., ERNAKULAM DISTRICT-682 008** - **9 ADDL.R9.SANTHOSH P.N.,** WPC Nos.2053/2021 & 3216/2020 ``` 5 ``` # **AGED 41 YEARS, S/O.NICLAVOSE, PALLIPARAMBIL, NORTH CHELLANAM.P.O., KOCHI-682008.** **10 ADDL.R10.RAJAN.K.V.,** **AGED 49 YEARS, S/O.K.T.VALATHA, KALATHIL HOUSE, NORTH CHELLANAM.P.O., KOHCI682008. (ADDL.R9 AND 10 ARE IMPLEADED AS PER ORDER DATED 25.02.2020 IN IA.1/2020).** ***Addl.R11 THE TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY ITS CHAIRMAN (THE PRESIDENT, CHELLANAM GRAMA PANCHAYAT, CHELLANAM P.O., PIN- 682008 )IS SUO MOTU IMPLEADED AS ADDITIONAL 11TH RESPONDENT.** **BY ADVS. SRI.T.K.DEVARAJAN SRI.DINESH R.SHENOY C.S.AJITH PRAKASH SRI.EBIN MATHEW SMT.T.N.SREEKALA SRI.P.ROHIT PREMANANDAN SHENOY SRI.PAUL C THOMAS SRI.G.HARIKRISHNAN (TRIPUNITHURA) SRI.FRANKLIN ARACKAL SRI.M.B.SOORI SHRI.BABU M. SMT.ANCY THANKACHAN** ## **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR** **ADMISSION ON 09.04.2024, ALONG WITH WP(C).2053/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WPC Nos.2053/2021 & 3216/2020 ``` 6 ``` ## **JUDGMENT** The issues raised in both the writ petitions pertain to the parking of autorickshaws and auto taxis at the Gunduparambu Stand in Chellanam Grama Panchayat. The counsel on both sides refer to various orders issued by the Panchayat as well as by the Regional Transport Officer regarding the parking of autorickshaws. 2. On going through the pleadings and hearing counsel on both sides, I am of the view that the entire issues in these writ petitions can be resolved if the Traffic Regulatory Committee constituted for the Chellanam Grama Panchayat is directed to address the issues regarding the parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat. The Traffic Regulatory Committee constituted for the Chellanam Grama Panchayat, represented by its Chairman, President, Chellanam Grama Panchayat, WPC Nos.2053/2021 & 3216/2020 ``` 7 ``` Chellanam P.O, 682008 is _suo motu_ impleaded as additional respondent in both writ petitions. 3. 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 every Local Self Government Institutions in terms of Section 72 of the Kerala Police Act. Section 72 of the Kerala Police Act provides 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 3(a) to 3 (g) of Section 72. The Kerala Police Rules, 2000 provides that WPC Nos.2053/2021 & 3216/2020 ``` 8 ``` 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. 4. The President of the Grama Panchayath is the Chairman of the Traffic Regulatory Committee, Chellanam Grama Panchayat is the 6[th] respondent in W.P.(c) No.2053/2021 and the 7[th] respondent in W.P (c) No. 3216/2020. Accordingly, there will be a direction to the President of the Chellanam Grama Panchayat to place the issue regarding the parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat before the Traffic Regulatory Committee constituted for the Panchayat within a period of two weeks from the date of receipt of a copy of this judgment. The Traffic Regulatory Committee shall consider the issue after hearing the petitioners in both writ petitions and all stakeholders whom the Committee WPC Nos.2053/2021 & 3216/2020 ``` 9 ``` deems fit to be heard and take a decision within a period of two months from the date on which the issue/judgment is placed before the Traffic Regulatory Committee by its Chairman. It will be open to the petitioners to make necessary representations before the Traffic Regulatory Committee. The decision of the Traffic Regulatory Committee will supersede all the orders of other statutory authorities in the matter of parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat. With these directions, these writ petition are disposed of. **MURALI PURUSHOTHAMAN JUDGE** al/-.09.04.2024. WPC Nos.2053/2021 & 3216/2020 ``` 10 ``` ## **APPENDIX OF WP(C) 2053/2021** **PETITIONER EXHIBITS EXHIBIT P1** **A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO. KL-43-H7419 OF THE 2ND PETITIONER.** **EXHIBIT P2 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE 2ND PETITIONER DATED 23.05.2016.** **EXHIBIT P3 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO THE RESPONDENT MR YATHEENDRA DAS DATED 18.3.19.** - **EXHIBIT P4 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO MARTIN V.J. DATED NIL.** - **EXHIBIT P5 A TRUE COPY OF THE RESOLUTION NO. III(10) DATED 21.08.2010.** - **EXHIBIT P6 A TRUE COPY OF THE RESOLUTION NO. IV(1) DATED 01.11.2014.** - **EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 25.11.2014 SUBMITTED BY THE TRADE UNION TO THE SHO OF POLICE.** - **EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 19.02.2015 IN WPC NO. 30608/2014.** - **EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 18.02.2016 N WPC NO. 434/2016.** - **EXHIBIT P10 A TRUE COPY OF THE DECISION OF THE JOINT RTO DATED 11.05.2016.** - **EXHIBIT P11 A TRUE COPY OF THE DECISION OF THE PANCHAYATH DATED 31.12.2019.** - **EXHIBIT P12 A TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 05.10.2019.** **EXHIBIT P13 A TRUE COPY OF THE REPLY FURNISHED BY THE PUBLIC INFORMATION OFFICER, CHELLANAM GRAMA PANCHAYATH DATED 22.10.2019. EXHIBIT P14 A TRUE COPY OF THE COMPLAINT** **A TRUE COPY OF THE COMPLAINT** WPC Nos.2053/2021 & 3216/2020 ``` 11 ``` **DATED 13.12.2019 SUBMITTED BY THE PETITIONER.** **EXHIBIT P15 A TRUE COPY OF THE INTERIM ORDER DATED 06.02.2020 IN WPC NO. 3216/2020.** **EXHIBIT P16 A TRUE COPY OF THE INTERIM ORDER DATED 11.2.2020 IN WPC NO. 3216/2020.** **EXHIBIT P17 A TRUE PHOTOGRAPH OF THE PRESENT PARKING ARRANGEMENT OF AUTO TAXIS AND AUTHORICKSHAW. EXHIBIT P18 A TRUE PHOTOGRAPH OF THE EARLIER PARKING ARRANGEMENT.** WPC Nos.2053/2021 & 3216/2020 ``` 12 ``` ## **APPENDIX OF WP(C) 3216/2020** ## **PETITIONER EXHIBITS** **EXHIBIT P1** ## **EXHIBIT P1 A** **EXHIBIT P1 B** **EXHIBIT P1C** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/591/2014 DATED 18.03.2019 IN THE NAME OF YATHEENDRADAS M.G,VEHICLE RUN BY THE 1ST PETITIONER** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/307/2014 IN THE NAME OF THE VEHICLE RUN BY THE 2ND PETITIONER** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/1516/2013 IN THE NAME OF THE VEHICLE RUN BY THE 3RD PETITIONER** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/561/2019 DATED 16.04.2019 IN THE NAME OF THE VEHICLE RUN BY THE 4TH PETITIONER** - **EXHIBIT P1D TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/384/2019 DATED 26.03.2019 IN THE NAME OF THE VEHICLE RUN BY THE 5TH PETITIONER** ## **EXHIBIT P1E** ## **EXHIBIT P1F** **EXHIBIT P1 G** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/808/2019 IN THE NAME OF THE VEHICLE RUN BY THE 6TH PETITIONER** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/61/2019 DATED 23.01.2019 IN THE NAME OF THE VEHICLE RUN BY THE 7TH PETITIONER** - **TRUE COPY OF THE CONTRACTS CARRIAGE PERMIT NO.P.CO 43/1267/2016 DATED 30.09.2016 IN THE NAME OF THE VEHICLE RUN BY THE 9TH PETITIONER** WPC Nos.2053/2021 & 3216/2020 ``` 13 ``` ## **EXHIBIT P2** **EXHIBIT P3** **TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PARKING STAND OF THE PETITIONERS WHICH WAS ALLOTTED BY THE RESPONDENTS 2 TO 8. ALONG WITH TRANSLATION** **TRUE COPY OF THE JUDGMENT DATED 19.02.2015 IN WP(C) 30608/2014 PASSED BY THIS HON'BLE COURT** **EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.434/2016 DATED 18.02.2016 PASSED BY THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 11.05.2016 PASSED BY THE 5TH RESPONDENT AS PER THE DIRECTION OF 2ND RESPONDENT, IN CONSULTATION WITH THE RESPONDENTS 3 AND 4 AND 7 AND 8 EXHIBIT P6 TRUE COPY OF THE DECISION TAKEN BY THE RESPONDENTS 7 AND 8 DATED 31.12.2019 ALONG WITH TRANSLATION EXHIBIT P7 THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 4TH RESPONDENT EXHIBIT P8 THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE RTO, ENFORCEMENT ALONG WITH TRANSLATION**