Kerala High Court
Nujum vs The Deputy Superintendent Of ... on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 13981 OF 2021
PETITIONER:
NUJUM,
S/O. BASHEER, PROPRIETOR, HOTEL MYLANCHI, K.P.
1/161, A.K. BUILDING, N.H. ROAD, KALLAMBALAM P.O.
THIRUVANANTHAPURAM .
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE
ATTINGAL, THIRUVANANTHAPURAM DISTRICT 695 101.
2 STATION HOUSE OFFICER,
KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
DISTRICT 695 605.
3 THE SECRETARY,
KARAVARAM GRAMA PANCHAYAT, KARAVARAM P.O.
THIRUVANANTHAPURAM 695 605.
4 RATHEESH R.,
S/O. RAVEENDRAN, THENGUVILA VEEDUN, PULLOORMIKKU,
KALLAMBALAM P.O. THIRUVANANTHAPURAM 695 605.
5 ADDIYIONAL RESPONDENT No.R5.
TRAFFIC REGULATORY AUTHORITY
KARAVARAM GRAMA PANCHAYAT, KARAVARAM P.O.,
THIRUVANANTHAPURAM - 695 605, REPRESENTED BY ITS
CHAIRPERSON.
[ADDL.R5 IS IMPLEADED AS PER ORDER DATED 03.08.2021
IN I.A.No.1/2021 IN WP(C)13981/2021.]
BY ADVS.
BIJU BALAKRISHNAN
AJMAL P.
GISHA K.J
W.P.(C) No. 13981 of 2021 2
OTHER PRESENT:
SRI. E.C.BINEESH -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 13981 of 2021 3
JUDGMENT
When this matter was called today, the learned counsel
for the petitioner prayed that the interim order granted by this
court on 02.09.2021 be confirmed and this writ petition ordered
on such terms.
The learned standing counsel for the Panchayat, Shri.
Biju Balakrishnan, conceded that the area where the auto
rickshaws are being now parked is not an authorized stand and
that the road is under the control of the National Highways
Authority of India.
Even though notice issued from this Court to
respondent no. 4 was attempted to be served on him, he has
refused to accept it; and consequently, I am of the view that he
has no objection to the reliefs sought for by the petitioner,
being granted to him.
I notice from the file that the interim order afore
referred by the petitioner was issued on 02.09.2021 to the
following effect.
"Steps will be taken to ensure that the ingress
and eggress to the petitioner's businesses will not be
obstructed by autorickshaws or other transport vehicles,
I deem it appropriate to record this is this interim order.
Resultantly, respondents 1 and 2 will ensure that the
ingress and egress to the petitioner's businesses are not
obstructed by the parking of any vehicle, including that
of the 4th respondent till 16.09.2021."
Resultantly, this writ petition is allowed, confirming the
afore interim order; thus directing respondents 1 to 3 to ensure
that same is complied with in its letter and spirit and further
that if there is any violation thereof, the same is adequately
noted and necessary action taken against the perpetrators
swiftly and quickly without any avoidable delay.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/06.10.2021.
APPENDIX OF WP(C) 13981/2021
PETITIONER EXHIBITS
Exhibit P1: TRUE COPY OF THE LICENSE ISSUED UNDER THE
FSS ACT, 2006 DATED 03.12.2020.
Exhibit P1(a): TRUE COPY OF THE LICENSE ISSUED BY THE
3RD RESPONDENT DATED 28.11.2019.
Exhibit P2: TRUE COPY OF THE RENT DAEED OF THE
PETITIONER DATED 06.07.2020.
Exhibit P3: TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 01.07.2021.
