Kerala High Court
Joe P.O vs The District Police Chief on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 35039 OF 2019
PETITIONERS:
1 (JOE P.O.)* (CORRECTED)
AGED 66 YEARS
S/O. OUSEPH, PARAPPILLY HOUSE, THAINOTH ROAD,
ALUVA, ERNAKULAM-683 101.
THE NAME OF THE 1ST PETITIONER IS CORRECTED AS
JOSE P.O., INSTEAD OF JOE P.O., AS PER ORDER DATED
26.08.2020 IN IA NO. 2/2020.
2 TESSY JOSE,
AGED 63 YEARS
W/O.JOSE, PARAPPILLY HOUSE, THAINOTH ROAD, ALUVA,
ERNAKULAM-683 101
3 SHIBU OUSEPH,
AGED 42 YEARS
S/O. OUSEPH P.T, KOZHIKKADANPADY, KANJOOR P.O,
KIZHAKKUMBHAGOM, ERNAKULAM-683 575
BY ADVS.
ANEESH JAMES
SRI.JIJO THOMAS
SMT.M.D.BEENA
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
ERNAKULAM RURAL, OPP. POWER HOUSE, ALUVA,
ERNAKULAM-683 101
2 THE DEPUTY SUPERINTENDENT OF POLICE,
ALUVA, JAWAHAR ROAD, ALUVA, JAWAHAR ROAD, ALUVA,
ERNAKULAM-683 101
3 THE STATION HOUSE OFFICER,
ALUVA POLICE STATION, ALUVA, ERNAKULAM-683 101
4 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, PERIYAR NAGAR, ALUVA,
ERNAKULAM-683 101
5 ALUVA MUNICIPALITY,
PWD QUARTERS, PERIYAR NAGAR, ALUVA, ERNAKULAM-683
101, REPRESENTED BY ITS SECRETARY.
6 THE SECRETARY,
ALUVA MUNICIPALITY, PWD QUARTERS, PERIYAR NAGAR,
W.P.(C).No.35039/2019
2
ALUVA, ERNAKULAM-683 101
7 BMS ALUVA TOWN AUTO RICKSHAW THOZHILALI UNION
BMS OFFICE, PUMP JUNCTION, ALUVA-683 101,
REPRESENTED BY ITS SECRETARY.
8 M.P. SURENDRAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONERS PRESIDENT, BMS ALUVA TOWN AUTO
RICKSHAW THOZHILALI UNION, BMS OFFICE, PUMP
JUNCTION, ALUVA-683 101
ADDL.R9 THE TRAFFIC REGULATORY COMMITTEE OF ALUVA
MUNICIPALITY
REPRESENTED BY ITS CHAIRMAN, THE CHAIRPERSON,
ALUVA MUNICIPALITY, PWD QUARTERS, PERIYAR
NAGAR, ALUVA, ERNAKULAM - 683101
ADDL.R9 IS IMPLEADED AS PER ORDER DATED
26.08.2020 IN IA NO. 4/2020.
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.P.RAMAKRISHNAN
SHRI.ASHWIN JOSEPH PAUL
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.K.T.THOMAS
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.35039/2019
3
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).No.35039 of 2019
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Dated this the 11th day of August, 2021
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents 1 to 3 to afford adequate and
meaningful police protection to the petitioners for
ingress and egress to their building situated in
Re.Sy.No.20 Block No.82 of Aluva West Village.
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the respondents 1 to 3 to take immediate action
to remove the unauthorized parking of
autorikshaws from the northern side of the
petitioners' property situated in Re.Sy.No.20 Block
No.82 of Aluva West Village.
Iii. Issue a writ of mandamus or any other
appropriate writ, order or direction commanding
the 3rd respondent to act on Exhibit P6 complaint
submitted by the 1st and 3rd petitioners within a
time limit to be stipulated by this Hon'ble Court.
W.P.(C).No.35039/2019
iv. Issue such other writ, order or direction as this
Hon'ble Court deem fit while considering the
peculiar circumstances of the case.
2. The grievance of the petitioners is that there is
illegal parking of autorikshaws in front of the petitioners'
building, and it create lot of problems to the petitioners and
other occupants for the ingress and egress to the building.
3. Today, when this writ petition came up for
consideration, the counsel for respondents 7 and 8 submitted
before this Court that respondents 7 and 8 will undertake that
no autorikshaws will be parked in front of the petitioners'
building to obstruct the ingress and egress to the building. In
addition to that, it is also submitted that only two
autorikshaws will be parked at a time in front of the
petitioners' building and that also without creating any
obstruction for the ingress and egress to the building. The
counsel for the petitioners submitted that he will be satisfied
for the time being with that undertaking.
Recording the undertaking of the counsel for
respondents 7 and 8, this writ petition is closed. But I make it
clear that if there is any problem in future, the petitioner is
W.P.(C).No.35039/2019
free to approach the authority concerned, who will consider
the same in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.35039/2019
APPENDIX OF WP(C) 35039/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SITE PLAN OF THE
BUILDING CONSTUCTED BY THE PETITIONERS
SHOWING ACCESS AND PARKING SPACES.
EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED
03.12.2019 SUBMITTED BY THE 2ND
PETITIONER UNDER THE RIGHT TO
INFORMATION ACT.
EXHIBIT P3 A TRUE COPY OF REPLY DATED 09.12.2019
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P4 PHOTOGRAPHS SHOWING THE ILLEGAL
PARKING OF AUTO RICKSHAWS IN FRONT OF
THE PETITIONERS' PROPERTY.
EXHIBIT P5 A TRUE COPY OF REPRESENTATION DATED
09.12.2019 SUBMITTED BY THE
PETITIONERS' BEFORE THE 6TH RESPONDENT
WITH RECEIPT.
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED
09.12.2019 SUBMITTED BY THE 1ST AND
3RD PETITIONERS BEFORE THE 3RD
RESPONDENT WITH RECEIPT.
EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE DATED
24/01/2020 ISSUED BY THE CHAIRPERSON
OF THE ALUVA MUNICIPALITY.
EXHIBIT P8 A TRUE COPY OF THE APPROVED COMPLETION
PLAN IN RESPECT OF THE BUILDING
CONSTRUCTED BY THE PETITIONERS.
RESPONDENT EXHIBITS
EXHIBIT R7 A TRUE COPY OF LIST OF AUTIRIKSHAW
STANDS AND THE NUMBER OF AUTORIKSHAWS
PERMITTED IN EACH STAND WITH BONNET
NUMBER PROVIDED TO AUTORIKSHWS.
EXHIBIT R7 B TRUE COPY OF EXTRACT OF THE LIST OF
AUTORIKSHAWS PERMITTED IN AROGYALAYAM
AUTO STAND.
EXHIBIT R7 C TRUE COPY OF LETTER DATED 15.11.2019
FROM THE CHAIRPERSON OF ALUVA
MUNICIPALITY TO THE ERNAKULAM RURAL
POLICE CHIEF.
W.P.(C).No.35039/2019
EXHIBIT R7(D) TRUE COPY OF HTE APPLICATION DATED
23.12.2019 SUBMITTED BY SRI.SUNIL M.V.
BEFORE THE PUBLIC INFORMATION OFFICER,
ALUVA MUNICIPALITY
EXHIBIT R7(E) TRUE COPY OF REPLY DATED 15.1.2020
FROM THE PUBLIC INFORMATION OFFICER,
ALUVA MUNICIPALITY
