Rajappan Nair K.S. vs State Of Kerala
2021 Latest Caselaw 1647 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                      WP(C).No.17389 OF 2020(W)


PETITIONER:

               RAJAPPAN NAIR K.S., AGED 70 YEARS
               S/O. DAMODARAN NAIR, OLAYATHIL HOUSE, THALAPPALAM
               KARA, ERATTUPETTA P.O, ERATTUPETTA VILLAGE,
               MEENACHIL TALUK, KOTTAYAM DISTRICT PIN 686 121
               MOB. 9747373303

               BY ADVS.
               SRI.V.RAJENDRAN (PERUMBAVOOR)
               SRI.N.RAJESH
               SRI.P.GOPAKUMAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PRINCIPAL SECRETARY,
               MOTOR VEHICLE DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM PIN 695 001

      2        REGIONAL TRANSPORT AUTHORITY,
               KOTTAYAM, CIVIL STATION, KOTTAYAM PIN 686 002

      3        JOINT REGIONAL TRANSPORT OFFICER,
               186/C, WARD NO. 15, CHETTIMATTOM, PALA,
               KOTTAYAM 686 575

      4        ERATTUPETTA MUNICIPALITY,
               REPRESENTED BY SECRETARY, ARUVUTHURA,
               ERATTUPETTA, KOTTAYAM 686 122

      5        STATION HOUSE OFFICER,
               MEENACHIL , ERATTUPETTA, KOTTAYAM 686 121

      6        REVENUE DIVISIONAL OFFICER,
               PALA CIVIL STATION, KOTTAYAM PIN 686 575

*     ADDL     TRAFFIC REGULATORY AUTHORITY
      R7       KOTTAYAM REPRESENTED BY ITS
               CHAIRMAN, CIVIL STATION
               KOTTAYAM PIN - 686002
 W.P(C).17389/2020


*           ADDL   CHAIRMAN
            R8     TRAFFIC REGULATORY AUTHORITY
                   ERATTUPETTA MUNICIPALITY
                   ERATTUPETTA P O, PIN -686122

    (ADDL
       R7 AND R8 ARE IMPLEADED VIDE ORDER IN I.A.NOS.1 AND 2 OF
2020 DATED 15.01.2021)
OTHER PRESENT:

                   SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).17389/2020




                                 JUDGMENT

Petitioner, who is a senior citizen, residing in a double storied

building in the Erattupetta Village has approached this Court lamenting

that, in front of his building, autorikshaws are parked illegally. Inspite of

several complaints and requests made to the authorities, no steps have

been taken to abate the nuisance. It seems that, Exts.P5, P6, P8 and P9

are the representations submitted to various authorities.

2. Heard both sides. It seems that the grievance of the

petitioner about illegal parking appears to be substantiated as evident

from Ext.P2 photograph. Authorities are bound to take appropriate action

to ensure that the petitioner has easy access to his building.

3. Having considered this, I am inclined to dispose of the Writ

Petition with a direction to the 7th additional respondent to consider the

request of the petitioner and pass appropriate orders, after giving a

reasonable opportunity to all parties concerned to make their

representations in writing and also of hearing, if any, required, as

expeditiously as possible, at any rate, within a period of one month from

the date of receipt of a copy of this judgment.

A copy of the Writ Petition shall be placed before the Traffic

Regulatory Authority/Additional 7th respondent by the petitioner for their W.P(C).17389/2020

perusal.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).17389/2020




                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF PARTITION DEED NO. 1093 DATED

26-04-2--4 OF EREATTUPETTA SUB REGISTRY OFFICE.

EXHIBIT P2 PHOTOGRAPH SHOWING THE BUILDING OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF PETITION FILED BY PETITIONER BEFORE DISTRICT COLLECTOR KOTTAYAM ON 06- 10-2010

EXHIBIT P4 TRUE COPY OF ORDER OF 6TH RESPONDENT DATED 04-06-2011 BEARING NO. A2-4917/2010 ADDRESSED TO 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF PETITION FILED BY PETITONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA ON 26-11-2011 IN HIS PROGRAMME CALLED JANASAMBARKA PROGRAME.

EXHIBIT P6 TRUE COPY OF PETITIONER FILED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER ON 09-05-2013 WITH A READABLE COPY.

EXHIBIT P7 TRUE COPY OF ORDER ISSUED BY 6TH RESPONDENT TO RESPONDENTS 4 AND 5 ON 28-05-2013 BEARING NO. A2-1851/13 L.DIS

EXHIBIT P8 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE CHAIRMAN ERATTUPETTA MUNICIPALITY ON 07-10-2017

EXHIBIT P9 TRUE COPY OF PETITION FILED BY COUNSEL FOR THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER EREATTUPETTA MUNICIPALITY ON 24-06-2020

EXHIBIT P10 TRUE COPY OF REPLY SENT BY PUBLIC INFORMATION OFFICER ERATTUPETTA W.P(C).17389/2020

MUNICIPALITY TO THE COUNSEL FOR THE PETITIONER ON 28-07-2020 BEARING NO. E1- 699/2019-4734/2020

EXHIBIT P11 TRUE COPY OF PETITION FILED BY PETITIONER BEFORE THE 2ND RESPONDENT ON 10-08-2020 WITH COPIES TO RESPONDENTS 3 TO 5