Babu John vs Regional Transport Officer
2021 Latest Caselaw 12558 Ker

WP(C) NO. 5446 OF 2021
                                   1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
                            WP(C) NO. 5446 OF 2021
PETITIONER:

           BABU JOHN
0




           AGED 51 YEARS
           S/O. JOHN, MODIUZHATHIL HOUSE, THITTAMEL, CHENGANNUR P.O.
           ALAPPUZHA DISTRICT 689 121.

          BY ADVS.
          SHAJI THANKAPPAN
          SRI.SUBIN K SUDHEER



RESPONDENTS:

    1   REGIONAL TRANSPORT OFFICER
        CIVIL STATION, PALACE ROAD, CIVIL STATION WARD, ALAPPUZHA
        P.O. ALAPPUZHA 688 001.

    2   JOINT REGIONAL TRANSPORT OFFICER
        SUB REGIONAL TRANSPORT OFFICE, CHENGANNUR, CHENGANNUR P.O.
        ALAPPUZHA DISTRICT 689 121.

    3   SECRETARY,
        MULAKKUZHA GRAMA PANCHAYATH, MULAKKUZHA P.O. CHENGANNUR,
        ALAPPUZHA DISTRICT 689 505.

    4   STATE OF KERALA,
        REPRESENTED BY SECRETARY, MOTOR VEHICLES DEPARTMENT,
        SECRETARIAT, STATUE P.O. THIRUVANANTHAPURAM 695 001.


OTHER PRESENT:

           GP PRINCY XAVIER., R3 N ASHOK KUMAR



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5446 OF 2021
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                                        JUDGMENT

This writ petition is filed seeking directions to respondents 1 and 2 to

take coercive steps against Autorikshaws which are parking

unauthorisedly in front of the petitioner's building.

2. The learned counsel who entered appearance on behalf of the 3 rd

respondent submits that there is no authorised parking area notified in

front of the petitioner's building and therefore the parking of the

Autorikshaws in front of the petitioner's building is unauthorised.

In the above view of the matter, since the petitioner has already

approached the respondents 1 and 2 with Ext.P7 representation, it is for

respondents 1 and 2 to take appropriate action on Ext.P7. There will,

accordingly, be a direction to respondents 1 and 2 to take up Ext.P7

representation preferred by the petitioner and take appropriate steps in

the matter without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 5446 OF 2021

APPENDIX ANNEXURE/EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE SALE DEED NO. 160/2016 OF CHENGANNUR SUB REGISTRY OFFICE IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE COMPLAINT DATED 01.10.2020 SUBMITTED TO THE SUB INSPECTOR OF POLICE, CHENGANNUR.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPLY DATED 14.09.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE REPLY DATED 29.01.2021 ISSUED BY THE 2ND RESPONDENT S OFFICE.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPLY DATED 30.01.2021 ISSUED BY THE 2ND RESPONDENTS OFFICE.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE AUTHORIKSHAWS PARKING IN FRONT OF PETITIONERS, BUILDING (5 NUMBERS).

EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 8.2.2021 SUBMITTED TO THE RESPONDENT 1 AND 2.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE POSTAL RECEIPT SHOWING THE ISSUANCE OF EXT. P7.