Kerala High Court
Sebastian George vs The Regional Transport Authority on 24 March, 2021
W.P.(C) No.32854/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.32854 OF 2019(F)
PETITIONER:
SEBASTIAN GEORGE,
AGED 42 YEARS
S/O O.D. VARKEY, OTTATHENGUNKAL, MELUKAVUMATTOM
P.O., KOTTAYAM.
BY ADVS.
SRI.I.DINESH MENON
SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
KOTTAYAM, OFFICE OF THE REGIONAL TRANSPORT OFFICER,
COLLECTORATE P.O., KOTTAYAM - 686 602.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, OFFICE OF
THE REGIONAL TRANSPORT OFFICER, COLLECTORATE P.O.,
KOTTAYAM - 686 602.
3 THE JOINT REGIONAL TRANSPORT OFFICER,
PALA, OFFICE OF THE JOINT RTO, PALA P.O., PALA -
686 575.
4 THE DEPUTY SUPERINTENDENT OF POLICE,
PALA, PALA P.O., - 686 575.
5 THE CIRCLE INSPECTOR OF POLICE,
ERATTUPETTA, ERATTUPETTA P.O., - 686 121.
6 ADDL.R6.THE SECRETARY,
MELUKAVU GRAMA PANCHAYATH, MELUKAVU P.O., KOTTAYAM-
686652.
IS IMPLEADED AS PER ORDER DATED 20/12/2019 IN IA
NO.1/2019.
R6 BY ADV. SRI.CYRIAC KURIAN
OTHER PRESENT:
W.P.(C) No.32854/2019 2
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.32854/2019 3
JUDGMENT
Dated this the 24th day of March 2021
Petitioner herein is a small business man running a small shop in a
building at Mattom, Erattupetta. Grievance of the petitioner is that, in front
of his shop, unauthorized parking of auto rickshaws are done, thereby the
ingress and egress to the building is blocked. Auto rickshaws are parked
virtually on the road without leaving space on the road margin for the
pedestrian way.
2. Pursuant to the direction of this Court, instructions were received
by the senior Governed Pleader, who submitted that Panchayath has not
allowed any parking area there. Strict instructions have been given to
ensure that vehicles are not unauthorisedly parked. According to the
Panchayath, Traffic Regulatory Committee has taken decision by which it
was directed that only five numbers of auto rickshaws at a time shall be
parked keeping a distance of 1.5 metres from one another which will be
allowed in front of the above building where the petitioner's shop is located.
In the absence of any area being allowed as parking area, I wonder how
the traffic regulatory committee can take such a decision. However, this
seems to be not in consonance with the judgment of this Court in W.P.(C)
No.18168/2011 and connected maters.
3. Having regard to the above facts, I am inclined to direct the
respondents Nos. 1 to 4 to ensure that the above directions are complied
with. The 4th respondent shall give necessary instructions to the SHO of
the concerned police station to ensure that directions in the judgment,
produced as Ext.P7, are strictly followed.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
dpk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 08-07-
2009.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 08-07-2019
FROM PANCHAYATH.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 08-07-2019
FROM POLICE CHIEF.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 08-07-2019
FROM POLICE STATION.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 24-09-
2019.
EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH OF THE
LOCATION.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.
4072/12 DATED 08-04-2013.
EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPHS.
EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED
17/08/2020.
ANNEXURE R (6): COPY OF THE MINUTES OF THE MEETING OF THE TRAFFIC RGULATORY
COMMITTEE HLED ON 12/2/2020
