Kerala High Court
Subash Baby vs State Of Kerala on 15 July, 2021
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 35656 OF 2019
PETITIONER/S:
SUBASH BABY
AGED 28 YEARS
W/O. V. M. BABY, 'SMITHA BHAVAN', CHENGAMANADU P. O.,
MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM - 691 557.
(PROPRIETOR OF CAFE VAIG M/C RESTAURANT)
BY ADV A.SANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR, KOLLAM
COLLECTORATE, CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM
DISTRICT - 691 013.
3 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, KOLLAM RURAL, KOLLAM - 691 001.
4 STATION HOUSE OFFICER
KOTTARAKKARA POLICE STATION, KOTTARAKKARA - KOLLAM ROAD,
KACHERI JUNCTION, CHENTHARA, KOTTARAKKARA, KOLLAM DISTRICT
- 691 506.
5 THE SUB REGIONAL JOINT TRANSPORT OFFICER
SUB REGIONAL TRANSPORT OFFICE, KOTTARAKKARA P.O., KOLLAM
DISTRICT - 691 506.
6 THE SECRETARY
KOTTARAKKARA MUNICIPALITY, KOTTARAKKARA P.O., KOLLAM
DISTRICT - 691 506.
7 EXECUTIVE ENGINEER
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 2
NATIONAL HIGHWAY DIVISION, BEACH ROAD, KOLLAM DISTRICT -
691 001.
8 TRAFFIC REGULATORY COMMITTEE OF KOTTARAKKARA MUNICIPALITY
REPRESENTED BY ITS CHAIRMAN, (PRESIDENT, KOTTARAKKARA
MUNICIPALITY), KOTTARAKKARA P.O., KOLLAM DISTRICT - 691
506.
9 THE SECRETARY
INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
KOTTARAKKARA, KOLLAM DISTRICT
10 THE SECRETARY
CENTRE OF INDIAN TRADE UNION (CITU), KOTTARAKKARA, KOLLAM
DISTRICT - 691 531.
11 JOSE
KRIPA BHAVAN, ETC P. O., KOTTARAKKARA, KOLLAM DISTRICT -
691 531.
12 RAJU B.
LATHA BHAVAN, PADINJATTINKARA, KOTTARAKKARA P.O., KOLLAM
DISTRICT - 691 506.
13 PRASANNA KUMARY S.
THONDALIL THEKKETHIL, PALLICKKAL P. O., KOTTARAKKARA,
KOLLAM DISTRICT - 691 566.
14 AJI
S/O. RAJU, AMPADI HOUSE, KURUMPALOOR, KOTTATHALA P.O.,
KOLLAM DISTRICT - 691 566.
BY ADVS.
SRI.M.K.CHANDRAMOHAN DAS, SC, KOTTARAKKARA MUNICIPALITY
SRI.MURALI MADANTHACODU
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH WP(C).5575/2020, 7754/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 5575 OF 2020
PETITIONER/S:
1 SHABEER S.,
AGED 50 YEARS
S/O.SHAHUL HAMEED, LAILA MANZIL, CHANDAMUKKU,
KOTTARAKKARA, KOLLAM DISTRICT - 691 506.
2 AL AMEEN,
AGED 37 YEARS
S/O.SHAJAHAN, OORANVEEDU, MUSLIM STREET, KOTTARAKKARA
VILLAGE, KOLLAM DISTRICT - 691 506.
3 SHIYA MUHAMMED,
AGED 43 YEARS
S/O.SHARAFUDHEEN, HARISH MANZIL, MUSLIM
STREET,KOTTARAKKARA, KOLLAM DISTRICT - 691 506.
4 M.RAJU,
AGED 60 YEARS
S/O.MOIDEEN KANNU RAVUTHAR, SIYAD MAHZIL, MUSLIM
STREET, KOTTARAKKARA, KOLLAM DISTRICT - 691 506.
5 RAJU C.,
AGED 55 YEARS
S/O.CHACKO,BADHEN AVENUE, PULAMON P.O., KOTTARAKKARA,
KOLLAM DISTRICT - 691 506.
6 MEHBOOB,
AGED 58 YEARS
S/O.ABDUL AZEEZ, MEHBOOB MANZIL, KOTTARAKKARA P.O.,
KOLLAM DISTRICT - 691 506.
7 AZEEZ,
AGED 55 YEARS
S/O.SULTHAN PILLA RAVUTHAR, SULTHANIYA MANZIL,
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 4
KOTTARAKKARA P.O., KOLLAM DISTRICT - 691 506.
BY ADV A.SANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 689
001.
2 THE DISTRICT COLLECTOR,
KOLLAM COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
MUKKU, KOLLAM DISTRICT - 691 013.
3 DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE, KOLLAM RURAL, KOLLAM - 691
001.
4 STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOTTARAKKARA KOLLAM
ROAD, KACHERI JUNCTION, CHENTHARA,KOTTARAKKARA,
KOLLAM DISTRICT - 691 506.
5 THE SUB REGIONAL JOINT TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KOTTARAKKARA P.O.,
KOLLAM DISTRICT - 691 506.
6 THE SECRETARY,
KOTTARAKKARA MUNICIPALITY, KOTTARAKKARA P.O.,KOLLAM
DISTRICT - 691 506.
7 EXECTIVE ENGINEER,
NATIONAL HIGHWAY DIVISION, BEACH ROAD, KOLLAM
DISTRICT - 691 001.
8 TRAFFIX REGULATORY COMMITTEE OF KOTTARAKKARA
MUNICIPALITY,
REPRESENTED BY ITS CHAIRMAN, (PRESIDENT,KOTTARAKKARA
MUNICIPALITY), KOTTARAKKARA P.O., KOLLAM DISTRICT -
691 506.
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 5
9 THE SECRETARY,
INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
KOTTARAKKARA, KOLLAM DISTRICT - 691 506.
10 THE SECRETARY,
CENTRE OF INDIAN TRADE UNION (CITU), KOTTARAKKARA,
KOLLAM DISTRICT - 691 506.
11 JOSE,
KRIPA BHAVAN, ETC P.O., KOTTARAKKARA, KOLLAM DISTRICT
- 691 531.
12 RAJU B.,
LATHA BHAVAN, PADINJATTINKARA, KOTTARAKKARA P.O.,
KOLLAM DISTRICT - 691 506.
13 PRASANNA KUMARY S.,
THONDALIL THEKKETHIL, PALLICKKAL P.O.,
KOTTARAKKARA,KOLLAM DISTRICT - 691 566.
14 AJI R.,
S/O.RAJU, AMPADI HOUSE, KURUMPALOOR, KOTTATHALA
P.O.,KOLLAM DISTRICT.
BY ADVS.
SRI.M.K.CHANDRAMOHAN DAS, SC, KOTTARAKKARA
MUNICIPALITY
SRI.MATHEWS K.PHILIP
SRI.MURALI MADANTHACODU
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH WP(C).35656/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 7754 OF 2020
PETITIONER/S:
AMEENA MUHAMMED BASHEER
AGED 47 YEARS
W/O.MUHAMMED BASHEER, KOOTTUPARA KIZHAKKETHIL VEEDU,
MUSLIM STREET, KOTTARAKKARA.P.O., KOLLAM DISTRICT-
691506.
BY ADV A.SANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
KOLLAM COLLECTORATE, CIVIL STATION ROAD, KAANKATHU
MUKKU, KOLLAM DISTRICT-691013.
3 DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE, KOLLAM RURAL, KOLLAM-691001.
4 STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOTTARAKKARA-KOLLAM
ROAD, KACHERI JUNCTION, CHENTHARA, KOTTARAKKARA,
KOLLAM DISTRICT-691506.
5 THE SUB REGIONAL JOINT TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICER, KOTTARAKKARA.P.O.,
KOLLAM DISTRICT-691506.
6 THE SECRETARY,
KOTTARAKKARA MUNICIPALITY, KOTTARAKKARA.P.O., KOLLAM
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 7
DISTRICT-691506.
7 EXECUTIVE ENGINEER,
NATIONAL HIGHWAY DIVISION, BEACH ROAD, KOLLAM
DISTRICT-691001.
8 TRAFFIC REGULATORY COMMITTEE OF
KOTTARAKKARA MUNICIPALITY, REPRESENTED BY ITS
CHAIRMAN, (PRESIDENT, KOTTARAKKARA MUNICIPALITY),
KOTTARAKKARA.P.O., KOLLAM DISTRICT-691506.
9 THE SECRETARY,
INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
KOTTARAKKARA, KOLLAM DISTRICT-691506.
10 THE SECRETARY,
CENTRE OF INDIAN TRADE UNION (CITU), KOTTARAKKARA,
KOLLAM DISTRICT-691506.
11 JOSE,
KRIPA BHAVAN, ETC.P.O., KOTTARAKKARA, KOLLAM
DISTRICT-691531.
12 RAJU.B.,
LATHA BHAVAN, PADINJATTINKARA, KOTTARAKKARA.P.O.,
KOLLAM DISTRICT-691506.
13 PRASANNA KUMARY.S.,
THONDALIL THEKKETHIL, PALLICKKAL.P.O., KOTTARAKKARA,
KOLLAM DISTRICT-691566.
14 AJI.R.,
S/O.RAJU, AMPADI HOUSE, KURUMPALOOR, KOTTATHALA.P.O.,
KOLLAM DISTIRCT-691507.
BY ADV SRI.MURALI MADANTHACODU
BY GOVERNMENT PLEADER, SRI.N.B.SUNIL NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH WP(C).35656/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35656 OF 2019,
5575/2020 & 7754/2020 8
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos. 35656 of 2019 and
5575 & 7754 of 2020
--------------------------------------
Dated this the 15th day of July, 2021
JUDGMENT
The petitioners in these writ petitions are the owners of
different shops situated on the side of the Kollam-Shangottai
State Highway No.208 near Market Junction in Kottarkkara. The
grievance of the petitioners is that the autorickshaws are
parking in front of their shops, which obstructs the free ingress
and egress of their customers to their shops. According to the
petitioners, there is also problem for loading and unloading the
materials to the shops of the petitioners.
2. The contesting respondents submitted that the
autorickshaws are parking as per the parking slot allotted by the
Traffic Regulation Authority. The counsel for the contesting
respondents submitted that the allegation that they are creating
WP(C) NO. 35656 OF 2019,
obstruction for the ingress and egress of the customers to the
shops of the petitioners is not correct.
3. The Government Pleader submitted that now there is
no law and order issue in this area. The Government Pleader
also submitted that the Traffic Police will do the needful to see
that there is no obstruction for ingress and egress of the
customers to the shops of the petitioners. The Government
Pleader further submitted that if there is any obstruction for
loading and unloading materials to the shops of the petitioners,
the Police will do the needful.
4. The counsel for the petitioners submitted that the
allotment of the parking space granted by the authorities in this
case is without having jurisdiction. The counsel submitted that
only Regional Transport Authority has got jurisdiction to allot
parking space for autorickshaws in State Highway No.208.
5. Admittedly, the petitioners are shop owners on the
side of the State Highway No.208 near Market Junction,
Kottarakkara. There cannot be any obstruction for ingress and
egress to the shops of the petitioners by parking autorickshaws
in front of their shops, even though it is a parking space allotted
WP(C) NO. 35656 OF 2019,
to the autorickshaws. The counsel submitted that it is the duty of
the Police to see that there is no obstruction to the customers of
the shop for free ingress and egress and also there is no
obstruction for loading and unloading materials to the shops of
the petitioners. The customers of the petitioners should be
allowed to go to the shops without any obstruction from the
autorickshaws parked in this area. According to me, the Police
can give specific marking for autorickshaws to park, so that, the
ingress and egress of the customers to the shops of the
petitioners are not obstructed. Moreover, the Government
Pleader also submitted that now there is no law and order issue
and if there is any law and order issue, the Police will do the
needful.
6. The counsel for the contesting respondents submitted
that there is a pathway in between the shops and the parking
area. The counsel for the petitioners submitted that it is only a
pedestrian lane. According to me, these are matters to be looked
into by the Traffic Police in the area. But, I make it clear that
there should not be any obstruction to the customers for ingress
and egress to the shops of the petitioners. Therefore, these writ
WP(C) NO. 35656 OF 2019,
petitions are disposed, in the following manner :
1) If there is any obstruction for ingress and egress of the
customers of the petitioners to their shops and if there is any
obstruction for loading and unloading the materials to the
shops of the petitioners, the petitioners are free to file a
complaint/representation before the Station House Officer
concerned.
2) If such a complaint/representation is received, the Station
House Officer concerned will do the needful to see that there
is no obstruction for the ingress and egress of the customers
to the petitioners' shops and also to see that there is no
obstruction for the loading and unloading materials to the
shops of the petitioners.
3) If the petitioners are aggrieved because of the allotment of
the parking area in this place, the petitioners are free to
approach the statutory authorities, in accordance to law.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 35656 OF 2019,
APPENDIX OF WP(C) 5575/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENCE DATED 22/8/2019 ISSUED BY
THE 6TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LICENCE DATED 8/4/2019 ISSUED BY
THE 6TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE LICENCE DATED 1/4/2019 ISSUED BY
THE 6TH RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE LICENCE DATED 8/4/2019 ISSUED BY
THE 6TH RESPONDENT TO THE 4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LICENCE DATED 4/5/2019 ISSUED BY
THE 6TH RESPONDENT TO THE 5TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE LICENCE DATED 16/3/2016 ISSUED BY
THE COMMISSIONER OF FOOD SAFETY, KERALA TO THE 6TH
PETITIONER.
EXHIBIT P7 TRUE COPY OF THE MONEY LENDING LICENCE DATED
29/1/2013 ISSUED BY THE COMMERCIAL TAXES
DEPARTMENT,GOVERNMENT OF KERALA TO THE 7TH
PETITIONER.
EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PARKING OF
AUTORIKSHAW AND OTHER TAXI VEHICLES IN FRONT OF THE
SHOPS OF THE PETITIONERS.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 2/9/2019
SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 24/10/2018.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 20/12/2019 IN W.P.(C)
NO.35656/2019.
WP(C) NO. 35656 OF 2019,
APPENDIX OF WP(C) 7754/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENCE DATED 24.4.2019
ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF THE PHOTOGRAPH SHOWING
THE PARKING OF AUTORIKSHAW AND OTHER TAXI
VEHICLES IN FRONT OF THE SHOP OF THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
3.3.2020 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
3.3.2020 SUBMITTED BEFORE THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
3.3.2020 SUBMITTED BEFORE THE 5TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
3.3.2020 SUBMITTED BEFORE THE 6TH
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 20.12.2019 IN
WPC.NO.35656/2019.
WP(C) NO. 35656 OF 2019,
APPENDIX OF WP(C) 35656/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LICENCE 16.2.2019 ISSUED
BY THE 6TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE
PARKING OF AUTORIKSHAW AND OTHER TAXI
VEHICLES IN FRONT OF THE RESTAURANT OF THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
2.9.2019 SUBMITTED BEFORE THE 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
24.10.2019.
EXHIBIT P6 TRUE COPY OF THE LICENCE DATED 22/8/2019
ISSUED BY THE 6TH RESPONDENT TO THE 2ND
PETITIONER
EXHIBIT P7 TRUE COPY OF THE LICENCE DATED 8/4/2019
ISSUED BY THE 6TH RESPONDENT TO THE 3RD
PETITIONER
EXHIBIT R8 TRUE COPY OF THE LICENCE DATED 14/4/2019
ISSUED BY THE 6TH RESPONDENT TO THE 4TH
PETITIONER
EXHIBIT R9 TRUE COPY OF THE LICENCE DATED 8/4/2019
ISSUED BY THE 6TH RESPONDENT TO THE 6TH
PETITIONER
EXHIBIT P10 TRUE COPY OF THE LICENCE DATED 4/5/2019
ISSUED BY THE 6TH RESPONDENT TO THE 6TH
PETITIONER
EXHIBIT P11 TRUE COPY OF THE LICENCE DATED 16/3/2019
ISSUED BY THE COMMISSIONER OF FOOD SAFETY,
KERALA TO THE 7TH PETITIONER
WP(C) NO. 35656 OF 2019,
EXHIBIT P12 TRUE COPY OF THE MONEY LENDING LICENSE
DATED 29/1/2013 ISSUED BY THE COMMERCIAL
TAXES DEPARTMENT, GOVERNMENT OF KERALA TO
THE 8TH PETITIONER
RESPONDENT'S EXHIBITS
ANNEXURE-R6(a) A TRUE COPY OF THE MINUTES OF THE TRAFFIC
ADVISORY COMMITTEE DATED 25.7.2016
