Mary Ouseph vs State Police Chief
2021 Latest Caselaw 12054 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

  FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    WP(C).No.25130 OF 2020(M)


PETITIONERS:

      1        MARY OUSEPH,
               AGED 67 YEARS
               D/O. KATHREENA VARGHESE,
               MANJAMATTOM HOUSE,
               AMBOORI P.O.,
               THIRUVANANTHAPURAM DISTRICT-695 505

      2        TONY FERNADEZ,
               AGED 47 YEARS
               S/O. MARY OUSEPH,
               MANJAMATTOM HOUSE,
               AMBOORI P.O.,
               THIRUVANANTHAPURAM DISTRICT-695 505

               BY ADV. SRI.S.NIKHIL SANKAR

RESPONDENT/S:

      1        STATE POLICE CHIEF
               POLICE HEAD QUARTERS,
               THIRUVANANTHAPURAM-695 001

      2        DISTRICT POLICE CHIEF,
               DISTRICT POLICE OFFICE,
               THIRUVANANTHAPURAM-695 004

      3        THE STATION HOUSE OFFICER,
               VELLARADA POLICE STATION,
               THIRUVANANTHAPURAM-695 505

      4        AMBOORI GRAMA PANCHAYATH,
               AP-2-1,DOOR NO.1, WARD NO.2,
               AMBOORI-NEYYAR DAM ROAD,
               THIRUVANANTHAPURAM DISTRICT,
               AMBOORI, KERALA-695 505

      5        TRAFFIC REGULATORY COMMITTEE,
 WP(C).No.25130 OF 2020(M)
                               2

             AMBOORI GRAMA PANCHAYATH,
             AP-2-1,DOOR NO.1, WARD NO.2,
             AMBOORI-NEYYAR DAM ROAD,
             THIRUVANANTHAPURAM DISTRICT,
             AMBOORI, KERALA-695 505,
             REPRESENTED BY ITS CHAIRMAN

      6      MOLY,
             D/O. ONACHAN,' KUNNEL',
             AMBOORI P.O.,
             THIRUVANANTHAPURAM DISTRCT-695 505

      7      SATHEESH,
             S/O. VIKRAMAN, 'AMMETHA'
             VADAKKEKARA,
             AMBOORI.P.O.,
             THIRUVANANTHAPURAM DISTRICT-695 505

      8      AJI THOMAS,
             S/O. THOMAS,
             'PALAKKAD' (H),
             AMBOORI.P.O.,
             THIRUVANANTHAPURAM DISTRICT-695 505

      9      BABU,
             S/O.GANGADHARAN,
             'PALLITHAZATHU HOUSE'.
             AMBOORI.P.O.,
             THIRUVANANTHAPURAM DISTRICT-695 505

             R4 BY ADVS. SRI.M.R.SARIN
             SRI.S.N.SIVALAL
             R6-R9 BY ADVS. SRI.LINDONS C.DAVIS
             SMT.E.U.DHANYA
             SRI.T.SREEKANTAN


             SRI.N.B.SUNIL NATH; GOVERNMENT PLEADER
             SRI.M.R.SARIN, SC FOR PANCHAYAT

           THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
      ADMISSION ON 16.04.2021, THE COURT ON THE SAME   DAY
      DELIVERED THE FOLLOWING:
 WP(C).No.25130 OF 2020(M)
                               3




                 MURALI PURUSHOTHAMAN,J
                  ------------------------
                     WP(C) No. 25130 of 2020
                  ------------------------
                Dated this the 16th day of April, 2021

                              JUDGMENT

The petitioners have filed this writ petition

seeking direction to the 3rd respondent to provide

adequate and effective protection to the petitioners for

conducting business without any obstruction being

caused by the unauthorized parking of autorickshaws

in front of their shop rooms.

2. A counter affidavit has been filed by

respondents 6 to 9 , wherein, they have stated that the

4th respondent - Panchayath has taken a resolution

earmarking a particular area for the parking of

autorickshaws.

3. Since the Panchayath has already earmarked

space for parking autorickshaws, there shall be a WP(C).No.25130 OF 2020(M)

direction to respondents 3 and 4 to see that the

autorickshaws are not parked obstructing the ingress

and egress to the shop rooms of the petitioners.

4. The Station House Officer shall also see that

the law and order is maintained in the locality.

With this direction, the writ petition is disposed

of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

dlK 16.04.2021 WP(C).No.25130 OF 2020(M)

APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT DATED 11.07.2019

EXHIBIT P2 PHOTOGRAPH SHOWING THE ILLEGAL PARKING OF AUTO RICKSHAWS IN FRONT OF PETITIONERS SHOP

EXHIBIT P3 TRUE COPY OF THE COMPLAINT BY THE 1ST PETITIONER TO THE THIRD RESPONDENT DATED 03.03.2020