Kerala High Court
S.Sasidharan vs The Secretary, Ochira Panchayath on 19 November, 2021
W.P.(C) No.5186 of 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 5186 OF 2014
PETITIONER:
S.SASIDHARAN
S/O. SANKARA PANICKER, ANIYANS HOUSE, PAYIKUZHI,
OACHIRA, KOLLAM DISTRICT.
BY ADV SRI.T.GOPALAKRISHNAN
RESPONDENTS:
1 THE SECRETARY, OCHIRA PANCHAYATH
OACHIRA P.O., KOLLAM DISTRICT-690 526.
2 THE ASSISTANT COMMISSIONER OF POLICE
KARUNAGAPPALLY, KARUNAGAPPALLY P.O.-690 518.
3 THE SUB INSPECTOR OF POLICE
OACHIRA POLICE STATION, OACHIRA P.O.,
KOLLAM DISTRICT-690 526.
4 THE STATION MASTER
KSRTC SUB DEPOT, OACHIRA, OACHIRA P.O., KOLLAM
DISTRICT-690 526.
BY ADVS
SRI.JACOB E. SIMON, GOVERNMENT PLEADER
SRI.
SRI.GILBERT GEORGE CORREYA
SRI.P.K.VIJAYAMOHANAN
SRI.B.HARISH KUMAR, SC, OACHIRA GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5186 of 2014 2
JUDGMENT
Dated this the 19th day of November, 2021
This writ petition is filed by the petitioner seeking the following reliefs:
i) To issue a writ of mandamus or any other appropriate writ,
order or direction commanding respondents 1 to 3 to remove the
vehicles of the 4th respondent and other autorickshaws which is
unauthorisedly parking in front of the shop room of the petitioner.
ii) To declare that the unauthorised parking of the vehicles of the
4th respondent and other autorickshaws in front of the shop room
running by the petitioner disregarding the prohibition and ignoring
the 'No Parking Board' by neglecting the nearby stand is illegal.
iii) To issue such other appropriate writ, order or direction as this
Hon'ble Court deems fit and proper in the facts and circumstances
of the case.
2. The case put forth by the petitioner is that petitioner is running a
business at a prime area of Oachira Junction. The grievance of the petitioner
is that the Kerala State Road Transport Corporation and other vehicles were
being parked in front of the business establishment of the petitioner,
disregarding the prohibition of the authorities and neglecting the 'No Parking
Board', fixed there. It is also the case of the petitioner that the parking of the
vehicles obstructs the way to the temple and creates accidents due to the
heavy density of traffic. Other contentions are also raised. Therefore, it is
submitted by the petitioner that the action of the authorities and parking
heavy vehicles & other vehicles in front of the shop of the petitioner, is in
violation of the fundamental rights enjoyed by the petitioner under Article
19(1)(g) of the Constitution of India. That apart it is contended that the
vehicles are parked in violation of Section 227 of the Kerala Panchayat Raj
Act, 1994.
3. Learned Government Pleader Sri.Jacob E. Simon appearing for the Sub
Inspector of Police, Oachira Police Station, Kollam - 3rd respondent, submitted
that as per the instructions imparted, some vehicles were being parked in
front of the shop when the construction of the KSRTC depot was going on
and now, no vehicles are parked in front of the shop of the petitioner.
4. Anyhow, after assimilating the facts and circumstances, a learned
Single Judge has passed an interim order dated 25 th June, 2014, which reads
thus:
" ORDER
Heard learned counsel appearing for the petitioner, learned
standing counsel appearing for respondents 1 and 4 and learned
Government Pleader appearing for respondents 2 and 3 on the interim
relief prayed for in the writ petition.
2. Shorn of details, the grievance voiced by the petitioner is that buses
owned by the Kerala State Road Transport Corporation are unauthorisedly
parked in front of the shop room run by the petitioner thereby affecting
the business run by him. The petitioner contends that the space between
the road margin and the shop room has not been notified as a halting
place or a parking place and therefore the Kerala State Road transport
Corporation cannot park buses therein.
3. Though this writ petition was admitted on 11.4.2014 and learned
standing counsel took notice for respondents 1 and 4 and learned
Government Pleader took notice for respondents 2 and 3, till date, they
have not filed a counter affidavit. However during the course of
arguments today they submitted that buses are not being parked as
alleged by the petitioner. If that be so, I find no reason why an interim
order restraining the Kerala State Road Transport Corporation from
parking buses in the space between the road margin and the petitioner's
shop room and restraining Autorickshaws from being parked in the said
premises should not be passed.
There will accordingly be an interim order directing respondents 2
and 3 to ensure that the vehicles including buses of the Kerala State
Road Transport Corporation are not parked in the space between road
margin and the petitioner's shop situate in room No.206 in Ward No.II of
Oachira Grama Panchayat.
Handover"
5. After having perused the pleadings and hearing the learned
Government Pleader, the writ petition is disposed of, making the interim order
absolute. This I am doing because this issue was considered in a number of
writ petitions and this Court has issued directions to the statutory authorities
as well as local bodies, not to permit parking of vehicles obstructing the
ingress and egress to the business establishments and other premises and in
that view of the matter, the writ petition is disposed of making the interim
order absolute and there will be a direction to the respondents to ensure that
vehicles are not parked obstructing the ingress and egress to the business
establishment of the petitioner.
Sd/-
SHAJI P.CHALY
smv JUDGE
APPENDIX OF WP(C) 5186/2014
PETITIONER EXHIBITS
P1 : COPY OF THE LICENCE DTD.13.1.2014.
P2 : COPY OF THE RECEIPT ISSUED BY THE
TEMPLE ADMINISTRATION DTD.8.1.2014.
P3 : COPY OF THE REPRESENTATION MADE BEFORE
THE 1ST RESPONDENT DTD.20.1.2014.
P4 : COPY OF THE REPRESENTATION MADE BEFORE
THE 3RD RESPONDENT DTD.17.1.2014.
