Elias M.Y vs District Collector
2021 Latest Caselaw 20854 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 17500 OF 2021
PETITIONER :-

             ELIAS M.Y., AGED 60 YEARS
             S/O.YACOB, MANIYATTUKUDIYIL HOUSE, KUPPAKKOLLI,
             EDAKKAL CAVE, AMBALAVAYAL P.O., WAYANAD DT.,
             PINCODE - 673 593.

             BY ADV SHOBY K.FRANCIS


RESPONDENTS :-

       1     DISTRICT COLLECTOR
             COLLECTORATE, WAYANAD DT.,
             WAYANAD, PINCODE - 673 122.

       2     NENMENI GRAMA PANCHAYATH
             REPRESENTED BY ITS SECRETARY,
             NENMENI GRAMA PANCHAYATH, NENMENI P.O.,
             KOLIYADI, WAYANAD DT. - 673 595.

       3     SECRETARY,
             NENMENI GRAMA PANCHAYATH
             PANCHAYATH OFFICE, NENMENI P.O.,
             KOLIYADI, WAYANAD DT. - 673 595.

       4     STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE
             AMBALAVAYAL POLICE STATION, AMBALAVAYAL P.O.,
             WAYANAD DT, PINCODE - 673 593.

             BY ADVS.
             NIRMAL V NAIR
             AJAI BABU
             SRI.RIYAL DEVASSY, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.10.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.17500 OF 2021

                                    -: 2 :-


                                JUDGMENT

Dated this the 6th day of October, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Issue a writ of certiorari and quash Exhibit P6 and its all further proceedings.

(ii) Issue a writ of mandamus directing the 2nd and 3rd respondents to allow Exhibits P3 and P4 applications submitted by the petitioner and allow him a private parking station at his compound for parking the cave visitors vehicles as requested by him therein at the rate fixed by the Panchayat for parking fees.

(iii) Issue a writ of mandamus directing the 4th respondent to report the need for granting one more private parking station at the road end of the Edakkal Cave road in order to reduce the traffic block and to avoid double side parking on side of the road.

(iv) Issue a writ of mandamus directing the 1 st respondent to consider, dispose and pass orders on the Exhibit P5 representation submitted by the petitioner within a time limit after hearing the petitioner and respondents 2 to 4."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for respondents 2 and 3.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has 76.94 Ares of land in Nenmeni Village of

Sultan Batheri Taluk of Wayanad District. It is submitted that he

had submitted Exts.P3 and P5 representations offering 30 cents of WP(C) NO.17500 OF 2021

land belonging to him as parking station for the visitors coming to

the Edakkal caves. It is submitted that the requests made by the

petitioner had been rejected on the ground that the number of

visitors coming to the caves has been depleted due to the Covid-19

pandemic and that the eight available parking stations are

adequate for the number of visitors. Ext.P6 reply is dated

3.5.2021. The learned counsel for the petitioner submits that after

the lock-downs have been lifted, the number of visitors coming to

the Edakkal caves has increased considerably and that further

parking stations may be required by the Panchayat and the District

Administration to manage the visitors coming to the caves and to

avoid traffic congestion in the area.

4. Having considered the contentions advanced, I am of the

opinion that it is for the petitioner to approach the 2 nd respondent

with an appropriate representation pointing out the changed

circumstances after Ext.P5, which is liable to be considered by the

Panchayat, in accordance with law.

There will, accordingly, be a direction that in case the

petitioner approaches the 3rd respondent with a detailed

representation pointing out the changed circumstances and the

arrival of visitors to the Edakkal caves after the lifting of the lock- WP(C) NO.17500 OF 2021

down, within a period of two weeks from the date of receipt of a

copy of this judgment, the said request shall be duly considered

and appropriate orders shall be passed within a period of two

weeks thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/8.10.2021 WP(C) NO.17500 OF 2021

APPENDIX OF WP(C) 17500/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF BASIC TAX RECEIPT DATED 15/6/2021 ISSUED BY THE NENMENI VILLAGE OFFICER TO THE PETITIONER.

Exhibit P2 TRUE COPY OF COLOR PHOTOGRAPH SHOWING THE ILLEGAL PARKING OF THE VISITORS' VEHICLE ON THE BOTH SIDE OF THE CAVE ROAD.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 24/10/2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF REMINDER REQUEST DATED 28/1/2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 16/2/2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE DECISION TAKEN BY THE 2ND RESPONDENT AS PER COMMUNICATION LETTER DATED 3/5/2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE CONSENT LETTER DATED 27/12/2020 ISSUED BY THE ADJACENT PARKING STATION OWNER KURIAN E.V.

Exhibit P8 TRUE COPY OF THE CONSENT LETTER DATED 27/12/2020 ISSUED BY THE ADJACENT PARKING STATION OWNER SURESH K.K.