Kerala High Court
Balakrishnan U.K vs State Of Kerala on 11 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 43977 OF 2024
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2025:KER:51435
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 43977 OF 2024
PETITIONER/S:
1 BALAKRISHNAN U.K,
AGED 45 YEARS
S/O KRISHNAN, VATTAYAKKATTUVALAPIL HOUSE, VELLARAKKAD,
THRISSUR, PIN - 680584
2 MAGESH K.M,
AGED 33 YEARS
S/O MOHANAN K.A, KOLATHATTIL HOUSE, NAMBAZHIKADU P.O.
MATTAM, THRISSUR, PIN - 680602
3 CHANDRAN K.P,
AGED 50 YEARS
S/O PARANGODAN, KUMMATH HOUSE, ADHOOR, VELLARAKKAD P.O
THRISSUR DISTRICT, PIN - 680584
4 RENJITH M.R,
AGED 37 YEARS
S/O RAMACHANDRAN, MANAMPULLLI HOUSE, THIPILASHERI,
THRISSUR DISTRICT, PIN - 680519
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SUB - INSPECTOR OF POLICE
ERUMAPETTY POLICE STATION, ERUMAPETTY, THRISSUR,
WP(C) NO. 43977 OF 2024
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2025:KER:51435
KERALA, PIN - 680584
3 THE JOINT REGIONAL TRANSPORT OFFICER
SOUHRADA ARCADE, NEAR TALUK OFFICE, VADAKKANCHERRY,
THRISSUR, PIN - 680582
4 KADANGODE GRAMA PANCHAYAT
VELLATHERIADHOOR ROAD, VELLARAKKAD, THRISSUR, KERALA,
PIN - 680584
5 THE SECRETARY
KADANGODE GRAMA PANCHAYAT, VELLATHERI ADHOOR ROAD,
VELLARAKKAD, THRISSUR, KERALA, PIN - 680584
6 SWATHANTHRA AUTO DRIVERS UNION
REPRESENTED BY ITS PRESIDENT MUSTHAFA, THARAVIL HOUSE,
VELLARKKAD, THRISSUR, PIN - 680584
*7 THE TRAFFIC REGULATORY COMMITTEE
KADANGODE GRAMA PANCHAYAT, VELLATHERI ADHOOR ROAD,
VELLARAKKAD, THRISSUR, REPRESENTED BY THE SECRETARY IS
IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT IN THE WRIT
PETITION AS PER ORDER DT.11.07.25 IN IA NO.2/2025
BY ADVS.
SHRI.R.RAJPRADEEP
SHRI.SACHIN RAMESH
SMT.SREEDEVI S.
GP SMT. JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 43977 OF 2024
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C.S.DIAS, J.
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WP(C) No. 43977 OF 2024
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Dated this the 11th day of July, 2025
JUDGMENT
The petitioners are conducting various businesses in the shop rooms owned by them in Ward No.IX within the 4 th respondent Panchayat. The petitioners are aggrieved by the indiscriminate parking of the autorickshaws by the members of the 6th respondent Union, who are obstructing the free ingress and egress to the petitioners' shop rooms. Even though the petitioners have submitted complaints before the respondents 1 to 5, no effective action has been taken in the matter. The highhanded action of the members of the 6th respondent, is an infringement of the petitioners' right to do business. Therefore, the additional 7 th respondent may be directed to take action in the matter.
2. Heard; the learned counsel for the petitioners, the learned Government Pleader, learned Standing Counsel appearing for the respondents 4, 5 and 7. Although notice has been served on the 6th respondent, there is no appearance for WP(C) NO. 43977 OF 2024 4 2025:KER:51435 them.
3. The petitioners' grievance is that the members of the 6th respondent are indiscriminately parking their autorickshaws in front of the petitioners' shop rooms and causing obstruction to the free entry to their shop rooms.
4. Section 72 of the Kerala Police Act 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 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, WP(C) NO. 43977 OF 2024 5 2025:KER:51435 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".
The question regarding applicability of Section 72 of the Kerala Police Act in matters of such 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 above decisions rule the roost. In light of the above exposition of law and the contentions raised in the writ petition, I dispose of this writ petition, by permitting the petitioners to submit a complaint before the additional 7 th respondent within two weeks from from today. If such a WP(C) NO. 43977 OF 2024 6 2025:KER:51435 complaint is filed, the additional 7 th respondent shall consider and dispose of the same, in accordance with law, at any rate, within 60 days from the date of receipt of the complaint, after affording the petitioners and the representative of the 6 th respondent Union an opportunity of being heard.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE rkc/11.07.25 WP(C) NO. 43977 OF 2024 7 2025:KER:51435 APPENDIX OF WP(C) 43977/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE MANNER OF PARKING OF AUTO RICKSHAWS BY MEMBERS OF 6TH RESPONDENT UNION BEFORE THE PETITIONER'S SHOP Exhibit P2 A TRUE COPY OF THE REPLY SENT BY THE 5TH RESPONDENT DATED 17.09.2016 Exhibit P3 A TRUE COPY OF THE REPLY DATED 20.11.2019 ISSUED BY THE ASSISTANT ENGINEER, KUNNAMKULAM Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 03.12.2019 SUBMITTED UNDER RTI ACT BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P5 A TRUE COPY OF THE REPLY SENT BY THE 5TH RESPONDENT DATED 01.01.2020 Exhibit P6 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN WPC 7443/2020 OF THIS HON'BLE COURT DATED 11.03.2020 Exhibit P8 A TRUE COPY OF THE ORDER OF THE APPELLATE AUTHORITY/REGIONAL TRANSPORT OFFICER DATED 23.01.2023 Exhibit P9 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 14.08.2020 OF THE TRAFFIC REGULATORY AUTHORITY Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WPC 7443/2020 OF THIS HON'BLE COURT DATED 18.12.2023 Exhibit P11 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DATED 09.08.2024 BEFORE THE 5TH RESPONDENT Exhibit P12 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ROAD MARGIN AND THE MANNER OF PARKING OF AUTO RICKSHAW IN FRONT OF THE SHOP ROOMS OF THE PETITIONERS RESPONDENT EXHIBITS Exhibit R5(b) A copy of the Minutes of the TRC dated 05.09.2023 Exhibit R5(c) A copy of the Minutes of the TRC dated 24.06.2024 Exhibit R5(d) A copy of the complaint filed before the 5th Respondent by the auto rikshaw drivers dated 18.01.2025 Exhibit R5(a) A copy of the counter affidavit filed in WP(C).No.7443/2020 by the 4th respondent without Exhibits