IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 19170 OF 2022
PETITIONER/S:
MINI JOHNSON, AGED 34 YEARS
W/O. JOHNSON, JOMIN COTTAGE, KIZHAKKETHERUVU,
CHENGAMANADAU P.O., KOTTARAKKARA, KOLLAM-691557.
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENT/S:
1 MELILA GRAMA PANCHAYAT,
CHENGAMANADU P.O., KOTTARAKKARA, KOLLAM-691557,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
MELILA GRAMA PANCHAYAT, CHENGAMANADU P.O.,
KOTTARAKKARA, KOLLAM-691557.
3 THE STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOLLAM-691506.
4 REGIONAL TRANSPORT OFFICER,
POLACHIRA BUILDING, MARKET JUNCTION,
KOTTARAKKARA, KOLLAM-691506.
5 SIVAN PILLAI (AUTO DRIVER),
SRUTHI BHAVAN, CHENGAMANADU P.O., KOTTARAKKARA,
KOLLAM-691557.
6 MONACHAN, THUNDUVILA, KILAKKAD, CHENGAMANAD,
KOLLAM-691557.
BY ADVS.
PREMCHAND R.NAIR
PREEJA V.P.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 19170 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 19170 of 2022
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers: "i. To issue a writ of Mandamus or any other appropriate Writ Order or direction directing the respondents 1 to 4 forthwith to remove the unauthorized parking of autorickshaw in front of the shop of the petitioner.
ii. Declare that the respondents 5 and 6 and others who are parking their autorickshaw in front of the shop of the petitioner are legally not permitted to do the same and hence liable to remove the same forthwith. iii. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." (sic)
2. The petitioner is having a building adjacent to Kollam Thirumangalam National Highway. There are three shop rooms attached to the building of the petitioner. The grievance of the petitioner that respondents 5 and 6 along with -3- W.P.(C). No. 19170 of 2022 other autorickshaw drivers are parking autorickshaws in front of his shop rooms obstructing the ingress and egress to the shop rooms. The petitioner preferred Ext.P1 before the 1st respondent Panchayat. Even now there is no response and hence this writ petition is filed.
3. Heard the counsel for the petitioner and the counsel appearing for the 1st respondent Panchayat. I also heard the Government Pleader. Even though notice was issued to respondents 5 and 6, there is no appearance.
4. The main grievance of the petitioner is that there is no autorickshaw stand in the place and the autorickshaws are parking obstructing the ingress and egress to the shop rooms owned by the petitioner. If that is the case, it is the duty of respondents 1 to 3 to see that there is no obstruction to the -4- W.P.(C). No. 19170 of 2022 ingress and egress to the shop rooms of the petitioner by the autorickshaw drivers in that area.
Therefore, this writ petition is disposed of directing respondents 1 to 3 to see that there is no obstruction to the ingress and egress to the shop rooms of the petitioner from the National Highway by the autorickshaw drivers who are parking their autorickshaws in front of the shop rooms.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -5- W.P.(C). No. 19170 of 2022 APPENDIX OF WP(C) 19170/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT ALONG WITH ACKNOWLEDGMENT RECEIPT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31/05/2022.
Exhibit P2 TRUE COPY OF THE QUESTIONS UNDER THE RIGHT TO INFORMATION ACT DATED 25/02/2022.
Exhibit P3 TRUE COPY OF REPLY GIVEN BY THE INFORMATION OFFICER UNDER RTI DATED 23/03/2022.
Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING HOW THE AUTORIKSHAWS ARE BLOCKING THE INGRESS AND EGRESS TO THE SHOP.