Kerala High Court
Karmachandran vs The Secretary, Edamulackal Grama ... on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 559 OF 2023 1
2025:KER:48791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 559 OF 2023
PETITIONERS:
1 KARMACHANDRAN,
AGED 59 YEARS
S/O.CHELLAPPAN PILLAI, KARTHIKA, NEERAYIKODU, AYUR
P.O., KOLLAM DISTRICT, PIN - 691533
2 CHAND MOHAN,
AGED 55 YEARS
S/O CHANDRASHEKHARAN UNNITHAN,CHANDNI MANDIRAM,
AYANIKKATTUKONAM,MADAVOOR, THIRUVANANDAPURAM, NOW
RESIDING AT HOUSE NO. 698, AYURMURI, EDAMULACKAL
PANCHAYATH,PUNALOOR TALUK, PIN - 691533
3 INDIRA B,
AGED 70 YEARS
W/O BHASKARAN PILLA, VAISAKAM, CHADAYAMANGALAM
P.O., KOLLAM DISTRICT, PIN - 691533
BY ADVS.
SRI.ALEXANDER GEORGE
SMT. SOUMYA FRANCIS
SMT.T.P.AISWARYA
RESPONDENTS:
1 THE SECRETARY, EDAMULACKAL GRAMA PANCHAYATH,
EDAMULACKAL, KOLLAM DISTRICT, PIN - 691306
2 THE CIRCLE INSPECTOR OF POLICE,
CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534
3 WILSON MATHEW,
AGED 47 YEARS
WP(C) NO. 559 OF 2023 2
2025:KER:48791
S/O MATHEW, BUILDING NO.XV/548,AYOOR- PLAVARA ROAD,
AYOOR P.O.,ELAMULAKKAL VILLAGE, KOLLAM DISTRICT,
OWNER OF VAROOR PROVISIONS STORE, PIN - 691533
4 SOMAN @ CHANDRAKUMAR,
S/O KRISHNANKUTTY, EDAMULAKKAL PANCHAYATH,AYOOR-
PLAVARA ROAD, AYOOR P.O.,EDAMULAKKAL VILLAGE,
KOLLAM DISTRICT, RUNNING A WHOLESALE BUSINESS IN
THE NAME AND STYLE OF KUMAR STORES IN BUILDING NO.
XV/556 TO 562 OWNED BY USHA DEVI, PIN - 691533
5 THE CHAIRMAN,
TRAFFIC REGULATORY COMMITTEE OF EDAMULAKKAL GRAMA
PANCHAYAT, EDAMULACKAL, KOLLAM DISTRICT, PIN -
691306. [ADDL.R5 IS IMPLEADED AS PER ORDER DATED
09/03/2023 IN I.A-1/2023 IN WP(C) 559/2023]
BY ADVS.
SHRI.MANOJ RAMASWAMY, SC, EDAMULACKAL GRAMA
PANCHAYAT
SRI.K.SIJU
SRI.A.MUHAMMED RAFFI
SMT.ANJANA KANNATH
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 559 OF 2023 3
2025:KER:48791
C.S.DIAS, J.
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WP(C) NO. 559 OF 2023
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Dated this the 3rd day of July , 2025
JUDGMENT
The writ petition is filed to direct the respondents 1 and 2 to remove the unauthorised parking on the Palvara road at Ayoor junction situated within the 1st respondent -Panchayat.
2. The petitioners contend that the respondents 3 and 4 are indiscriminately parking their vehicles on the above road and causing obstruction to the petitioners.
3. In the statement filed by the 1st respondent, it is stated that the above road is in Ward No.15 of the 1st respondent - Panchayat. The road is included in the Panchayat Road Register. The Panchayat has not permitted for the establishment of any parking stand on the above road. Even though the Panchayat WP(C) NO. 559 OF 2023 4 2025:KER:48791 had issued notices to the respondents 3 and 4, directing them not to obstruct the public pathway, they have failed to adhere to the directions. The Panchayat is taking appropriate action to ensure that the respondents 3 and 4 do not indiscriminately park their vehicle on the road.
4. The respondents 3 and 4 in their counter affidavit have stated that, the Traffic Regulatory Committee, which is the statutory authority to consider complaints of such nature, is not a party in the writ petition. The petitioners 2 and 3 are not even residing in the above ward. Moreover, the road in question is a private road and the petitioners cannot prevent the respondents 3 and 4 from parking their vehicles on the road.
5. When the writ petition came up for consideration on 09.03.2023, this Court impleaded the Traffic Regulatory Committee as the additional 5th WP(C) NO. 559 OF 2023 5 2025:KER:48791 respondent in the writ petition.
6. The petitioners grievance is that, the respondents 3 and 4 are indiscriminately parking the vehicles on a public road and causing obstruction to the petitioners' free ingress and egress.
7. Section 72 of the Kerala Police Act 2011, reads as follows:
"72 Traffic Regulatory Committees (1) In every Grama Panchayath, Municipality and Corporation Traffic Regulatory Committees shall be constituted as may be prescribed, for regulating matters in respect of traffic (2) The concerned head of the Local Government institution shall be the Chariman 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 Public Works Department shall be the members of the said Committee.
(3) The Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the following matters. Such orders issued shall be complied with by the Government Departments concerned, the officers and the general public, namely :-
(a) regulate the manner and time of traffic of all kinds in public places;
(b) regulate the gateways, festoons, banners, hoardings, signs, re Presentations, illuminated displays, construction activity, trade, welding, environmental WP(C) NO. 559 OF 2023 6 2025:KER:48791 pollution, nuisance by noise, blasting of rocks, mining, bursting of crackers, flying of kites and fireworks etc , seen in any property m the manner having the possibility of distracting attention of the public road users or causing danger to them;
(c) regulate the manner and mode of conveyance of timber, poles, ladders, iron girders, beams, iron bars, boilers, hay, soil and articles difficult in handling, etc along the streets;
(d) regulate the carrying of any explosive substances or hazardous chemicals along public places which may cause danger to road users;
(e) close certain streets or instruct that no one shall enter in certain places under circumstances that there is reasonable apprehension of danger from buildings which are on the verge of collapse or due to other reasons;
(f) regulate the manner and means of entry from streets and public places to private buildings and places situated on the road side;
(g) fix the manner in which the members of the general public may voluntarily assist in traffic management without causing any financial liability in that respect to the State or the Police Department".
8. The question regarding applicability of Section 72 of the Kerala Police Act in matters of above nature is no longer resintegra in view of the categoric declaration of law by this Court in Sreekumaran Nair T.S. vs. Neyyattinkara Municipality [ 2023 KHC OnLine 10345], which in turn is passed by relying on a Division Bench decision of this Court in Noushad M. and others vs. State of Kerala and others [2019 (2) KHC 562]. The WP(C) NO. 559 OF 2023 7 2025:KER:48791 exposition of the law in the above decisions rules the roost.
In the aforesaid circumstances, I am of the view that the grievance projected in the writ petition is to be considered by the additional 5th respondent. Accordingly, I dispose of the writ petition, by permitting the petitioners to file a complaint before the additional 5th respondent within four weeks from today. If such complaint is filed along with a copy of this judgment, the additional 5th respondent shall consider the said complaint, in accordance with law and as expeditiously as possible, at any rate, within 60 days, after affording the petitioners and the respondents 4 and 5 an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
SCB.03.07.25. C.S.DIAS, JUDGE WP(C) NO. 559 OF 2023 8 2025:KER:48791 APPENDIX OF WP(C) 559/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY OF EDAMULACKAL GRAMA PANCHAYATH AND THE RECEIPT DATED 05.12.2022 Exhibit P2 THE TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE CIRCLE INSPECTOR OF POLICE, CHADAYAMANGALAM AND THE RECEIPT DATED 05.12.2022 Exhibit P3 THE PHOTOGRAPHS WERE TAKEN BY THE PETITIONERS RESPONDENT EXHIBITS Exhibit.R3(a) The copy of sale deed No.2579/1995 dated 8.6.1995 executed in favour of the wife of the 4th respondent Annexure R1 (a) True copy of the Asset Register of the panchayat (relevant page) Annexure R1 (b) True copy of the notice vide no.400300/DGCG03/GPO/2022/9391(1) dated 30.12.2022 issued by the 1st respondent to the 3rd respondent Annexure R1 (c) True copy of the notice vide no.400300/DGCG03/GPO/2022/9391(2) dated 30.12.2022 issued by the 1st respondent to the 4th respondent Annexure R1 (d) True copy of the letter vide no.400300/DGCG03/GPO/9391(3) dated 30.12.2022 issued by the 1st respondent to the petitioner Annexure R1 (e) True copy of the reply 06.01.2023 submitted by the 3rd respondent before the 1st respondent Annexure R1 (f) True copy of the Reply 06.01.2023 submitted by the 4th respondents before the 1st respondent