Unni R Veliath vs The District Collector
2021 Latest Caselaw 9043 Ker

W.P.(C) No.23707/2020               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                        WP(C).No.23707 OF 2020(K)


PETITIONER:

               UNNI R VELIATH
               AGED 69 YEARS
               S/O. V.A. RAPHAEL, VELYN VILLA, PERUMANOOR,
               KURUSUPALLY WEST END, RAVIPURAM, COCHIN 682 015.

               BY ADV. SHRI.SASTHAMANGALAM S. AJITHKUMAR

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION,
               KAKKANAD, ERNAKULAM 682 030.

       2       COMMISSIONER OF POLICE,
               ABDUL KALAM MARG, MARINE DRIVE, ERNAKULAM 682 011.

       3       ASST. COMMISSIONER OF TRAFFICI,
               OLD RAILWAY STATION, ROAD, NEAR HIGH COURT,
               KACHERIPAY, ERNAKULAM 682 018.

       4       ADDL.R4.SAJEEV KUMAR
               AGED 62 YEARS,S/O. SUKUMARAN.M.K., 7-C, SKYLINE
               TEMPLETON, MANIKOTH ROAD, RAVIPURAM, KOCHI-682015.
               (ADDL.R4 IMPLEADED AS PER ORDER DATED 12-01-2021 IN
               IA 1/2020).

               R3 BY GOVERNMENT PLEADER SRI.HARISH
               R4 BY ADV. K.G.RAJEESH

OTHER PRESENT:

               SRI. K.P. HARISH (SR.GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.23707/2020                     2




                                  JUDGMENT

Dated this the 18th day of March 2021

Petitioner is a resident of Kurusupally West road which is a pocket road

from M.G.road leading to Thevara. According to the petitioner, there is

indiscriminate and illegal parking of the vehicles in a corner of this road. It was

stated that, vehicles are parked indiscriminately in front of the building causing

obstruction to the entry of the petitioner and others. According to the petitioner,

illegal parking of the vehicles, obstruct the ingress and egress of the petitioner

from his house. Contending that the above area is not an approved parking

area by the traffic police, but the vehicles are being illegally parked there, the

petitioners have approached this court. petitioner has filed an application as

Ext.P1 requesting to post private guards for verifying whether the vehicle are

parked.. It seems that leaving a central portion, vehicles can be permitted to be

parked subject to not causing obstruction to others.

2. It is stated in the objection filed by the third respondent that, Kurisupally

road is not a public transport road and it is mainly used by the nearby residents

and other customers of the various business establishments on both sides of the

road. It is also stated that, it is not necessary to declare the Kurisupally road as

a "No parking area" because this road is a pocket road with a dead end at west

side. Enough parking space is available with 3.5 meter stretch on one side of

Kurisupally road in front of most of the business firms. As and when the

petitioner informs about the illegal parking in that road, then the violators would

be booked and proceeded under the Motor Vehicle Act . It is further stated that

traffic police had taken stringent action against the alleged illegal parking in front

of the petitioner's house at Kurisupally Road and necessary legal action were

initiated against offenders. It is also stated that patrolling has been ensured

near the area against the illegal parking at Kurisupally road by sector officers

and other traffic enforcement team. The sector officers detected a total of 258

offences under section 122 read with section 177 of MV Act from 9/11/2020. A

cautionary board showing "avoid obstructive parking" is erected in the said

location and the photograph of that board was produced as Annexure R3 (b).

Having considered the above facts, I feel that no purpose will be served by

retaining the writ petition. The authority shall continue to monitor that, road

sides of Kurusupally road are not misused by the public. Accordingly, the writ

petition is closed recording the statements of the third respondent. The authority

shall ensure that this arrangement along with the regular surveillance to monitor

the above arrangements will continue.

Sd/-

SUNIL THOMAS

JUDGE

dpk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE REPRESENTATION TO THE
                        THIRD RESPONDENT.

EXHIBIT P2              TRUE COPY OF THE REPRESENTATION TO THE
                        FIRST RESPONDENT.

EXHIBIT P3              TRUE COPY OF THE PHOTOGRAPH SHOWING THE
                        BLOCK OF THE ROAD.

EXHIBIT P4              PHOTOGRAPH SHOWING THE NO PARK SIGN ON HE
                        GT OF HE PETITIONER.