WP(C) NO. 40569 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 40569 OF 2018
PETITIONER/S:
ANILKUMAR S.
AGED 57 YEARS
S/O.K.SUKUMARA PANICKAR, SEVAGRAM, KAPPILMEKKU,
KRISHNAPURAM.P.O., ALAPPUZHA-690533.
BY ADVS.
P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENT/S:
1 KRISHNAPURAM GRAMA PANCHAYAYTH
KRISHNAPURAM.P.O., KAYAMKULAM, ALAPPUZHA-690533,
REPRESENTED BY ITS SECRETARY.
2 THE SUB REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KAYAMKULAM.P.O.,
ALAPPUZHA-690533.
3 THE SUB INSPECTOR OF POLICE (TRAFIC),
KAYAMKULAM POLICE STATION, KAYAMKULAM.P.O.,
ALAPPUZHA-690533.
4 ADDL.R4 VINESH,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KALLETHU PADEETTATHIL, KAPPIL MEKKU, KRISHNAPURAM
P.O, ALAPPUZHA-690 533.
5 ADDL.R5 PANCHAMAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
PULLUKANDATHIL, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
WP(C) NO. 40569 OF 2018 2
6 ADDL.R6 CHANDRAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CHANDRALAYAM, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
7 ADDL.R7 GOVINDARAJAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KURUMBOLIL, KAPPIL MEKKU, KRISHNPURAM P.O;
ALAPPUZHA-690 533.
8 ADDL.R8 SHIBU,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KOPPARAYIL, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
9 ADDL.R9 RAVI,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
PUTHANKULAGARA PADEETTATHIL, KAPPIL MEKKU,
KRISHNAPURAM P.O; ALAPPUZHA-690 533.
[ADDL.R4 TO R9 ARE IMPLEADED AS PER ORDER DATED
27.01.2022 IN I.A NO:1/2022 IN WP(C) 40569/2018]
BY ADVS.
SRI.VINCENT JOSEPH
SRI.V.BOBAN
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40569 OF 2018 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 40569 of 2018
--------------------------------------
Dated this the 9th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i. To issue a writ of mandamus or other appropriate writ, order or direction by directing the respondents to stop the illegal parking of Autorickshaws at Sevagram Junction of the Mukkada-Choonad Public Road.
ii. Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case." [SIC]
2. When this writ petition came up for consideration on 13.12.2018, this Court passed the following order :
"Admit.
Urgent notice by speed post to R1. Learned Government Pleader to take instructions from R2 and R3. In the meanwhile, there will be a direction to the 3 rd respondent to ensure that the autorickshaws are parked leaving a gap of 5 feet in between the autorickshaws. Order will be operative for a period of one month."
WP(C) NO. 40569 OF 2018 4
3. The main grievance of the petitioner is that the autorickshaws are parking in front of the petitioner's residential house. According to the petitioner, there is no parking space allotted in front of the petitioner's house. In such circumstances, the prayer is to issue appropriate directions to the respondents to stop illegal parking of autorickshaws in front of the petitioner's house, which is situated at Sevagram Junction of the Mukkada-Choonad Public Road.
4. Heard the learned counsel for the petitioner and the learned Government Pleader. It is true that service of notice to respondents 4, 5, 6 and 8 are not complete. But since, they have no right to park autorickshaw in a place where there is no parking space allotted by the statutory authorities and also the way in which this writ petition is going to be disposed of, no notice is necessary to them. If they are aggrieved, they are free to file a review petition before this Court.
5. The grievance of the petitioner is that even though an interim order is passed, even now the autorickshaws are parking in violation of the same. In the light of the interim WP(C) NO. 40569 OF 2018 5 order dated 13.12.2018, it is the duty of the respondent Nos. 1 to 3 to see that there is no illegal parking of autorickshaws in front of the petitioner's house.
Therefore, this writ petition is disposed of with the following directions :
1) The respondent Nos. 1 to 3 will see that the order dated 13.12.2018 is strictly followed in future also.
2) If there is any violation of the same, the petitioner is free to approach respondent Nos. 1 to 3 with a representation and if such a representation is received, the respondent Nos. 1 to 3 will do the needful, in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 40569 OF 2018 6 APPENDIX OF WP(C) 40569/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER BEFORE THE 3RD RESPONDENT, DATED 10/05/2017. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER BEFORE THE 1ST RESPONDENT, DATED 10/05/2017. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE COMMUNICATION SEND TO THE 2ND RESPONDENT BY THE 1ST RESPONDENT, DATED 12/06/2017.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE COMPLAINT SUBMITTED BY NISHA, PUTHUMANA BEFORE THE 1ST RESPONDENT, DATED 06/07/2017.
EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 1ST RESPONDENT, DATED 15/02/2018. EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE INFORMATION PROVIDED BY THE 1ST RESPONDENT, DATED 12/03/2018.
EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 2ND RESPONDENT, DATED 15/02/2018. EXHIBIT P8 TRUE PHOTOCOPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT, DATED 13/03/2018. EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE REPRESENTATION BY SUBMITTED BY THE PETITIONER, DATED 21/08/2017 BEFORE THE 3RD RESPONDENT. EXT.P10 TRUE PHOTOGRAPHS SHOWING THE APRKING OF THE VEHICLE NEAR THE RESIDENTIAL HOUSE OF THIS DEPONENT ON THE ROAD SIDE AT SEVAGRAM JUNCTION IN MUKKADA-CHOONAD PUBLIC ROAD.