A.K.Nizar vs Thodupuzha Municipality

Kerala High Court

A.K.Nizar vs Thodupuzha Municipality on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE S.MANU

     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

                       WP(C) NO. 26134 OF 2017

PETITIONERS:
     1     A.K.NIZAR
           UNIT SECRETARY, CITU,
           AUTORICKSHAW STAND NO.30,THODUPUZHA MUNICIPALITY,
           IDUKKI DISTRICT, PIN:685 584.
    2      ASOKAN K.M.
           UNIT SECRETARY, AITUC, AUTORICKSHAW STAND NO.30,
           THODUPUZHA MUNICIPALITY, IDUKKI DISTRICT, PIN:685 584.
    3      RENJITH E.M.
           UNIT SECRETARY, B.M.S., AUTORICKSHAW STAND NO.30,
           THODUPUZHA MUNICIPALITY, IDUKKI DISTRICT, PIN:685584.
           BY ADVS.
           SRI.P.S.SREEDHARAN PILLAI
           SRI.T.K.SANDEEP
           SRI.ARJUN SREEDHAR
           SRI.ARUN KRISHNA DHAN


RESPONDENTS:
     1     THODUPUZHA MUNICIPALITY
           REPRESENTED BY ITS SECRETARY, THODUPUZHA P.O.,
           THODUPUZHA, IDUKKI DISTRICT-685584.
    2      THE SECRETARY
           THODUPUZHA MUNICIPALITY, THODUPUZHA P.O.,
           IDUKKI DISTRICT, PIN:685 584.
* ADDL.R3 TRAFFIC ADVISORY COMMITTEE
          THODUPUZHA, REPRESENTED BY ITS CONVENOR, JOINT R.T.O.,
          R.T.O.OFFICE, THODUPUZHA, PIN-685584.


           *   IMPLEADED AS PER ORDER DTD.22-08-2017 IN I.A.13425/2017

           BY ADVS.
           SRI.UNNIKRISHNAN.V.ALAPATT,SC,TPA.MUNIC
           R3 BY GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.26134 of 2017

                                      2


                                 JUDGMENT

Dated this the 11th day of April, 2024 Petitioners have approached this Court aggrieved by alleged inordinate delay and inaction on the part of the respondent Municipality in allotting and earmarking parking space for autorickshaws of auto stand No.30 of Thodupuzha Municipality. The 1st petitioner has submitted Ext.P2 representation before the Secretary of the Municipality for redressal of their grievance.

2. During the pendency of this writ petition, the Traffic Advisory Committee, Thodupuzha has been impleaded as additional 3rd respondent.

3. When the matter was taken up for haring, the learned Standing Counsel for Thodupuzha Municipality submits that the Traffic Advisory Committee is the competent authority to consider the grievance raised in the writ petition.

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4. The learned counsel for the petitioners also agrees that the petitioners will be satisfied if their grievance is considered by the additional 3rd respondent.

5. In view of the above, I dispose of this writ petition directing the 2nd respondent to forward a copy of Ext.P2 representation to the additional 3rd respondent immediately on receipt of a copy of this judgment. The 3 rd respondent shall consider Ext.P2 representation and take a final decision in the matter within a period of six weeks from the date of receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

S.MANU, JUDGE skj W.P.(C).No.26134 of 2017 4 APPENDIX OF WP(C) 26134/2017 PETITIONERS' EXHIBITS EXHIBIT P1: A TRUE COPY OF THE JUDGMENT DATED 2.3.2017 IN WPC NO.6015 OF 2017 OF THIS COURT.

EXHIBIT P2; A TRUE COPY OF THE REPRESENTATION DATED 15.07.2017 SUBMITTED TO THE RESPONDENT MUNICIPALITY WITH ACKNOWLEDGMENT.