Sanjayan Nair V.T vs The Station House Officer
2022 Latest Caselaw 11500 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
    FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944
                         W.P.(C) NO.39807 OF 2022
PETITIONER:

              SANJAYAN NAIR V.T.,
              AGED 61 YEARS, S/O, VELAYUDHAN NAIR,
              PROPRIETOR PARAYILKONAM METRE WORKS,
              TATHANCODU, ANNAD P.O., NEDUMANGAD,
              THIRUVANANTHAPURAM, PIN-695 541.

              BY ADVS.
              C.R.SIVAKUMAR
              MINI.M.NAIR
              BINI.K
              VIJITHA V.S.


RESPONDENTS:

     1        THE STATION HOUSE OFFICER,
              NEDUMANGAD POLICE STATION,
              NEDUMANGAD (P.O.),
              THIRUVANANTHAPURAM, PIN-695 541.

     2        DEPUTY SUPERINTENDENT OF POLICE,
              OFFICE OF THE DYSP, NEDUMANGAD,
              NEDUMANGAD (P.O.),
              THIRUVANANTHAPURAM, PIN-695 541.

     3        SUNIL,
              PROPRIETOR, SPEED GOVERNOR SALES AND SERVICES,
              VK ENTERPRISES, TATHANCODU, PUTHENPALAM,
              ANNAD (P.O.), THIRUVANANTHAPURAM, PIN-695 541.

              SMT. AMMINIKUTTY K., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 -2-
W.P.(C) NO.39807 OF 2022


                           JUDGMENT

Dated this the 9th day of December, 2022

The petitioner is doing the business in sale and repair of

autorickshaw fare meters. The 3rd respondent is conducting

the business of setting up speed governor in heavy vehicles.

The petitioner and the 3rd respondent are doing business in

adjacent shop rooms. The petitioner's grievance is regarding

the parking of heavy vehicles coming to the 3rd respondent's

shop outside the petitioner's shop. The petitioner has filed

Exts.P3 and P4 representations highlighting his grievance.

2. Learned Counsel for the petitioner submitted that

the limited relief is for a direction to the 2nd respondent to

consider the representations.

3. Learned Government Pleader pointed out the

petitioner should have approached the Local Self Government

Institution concerned and the Traffic Regulatory Committee,

rather than the Deputy Superintendent of Police.

4. I consider the objection to be well founded. Parking

of vehicles outside the petitioner's shop is not a matter to be

W.P.(C) NO.39807 OF 2022

agitated in a writ petition. At the same time, the

indiscriminate parking is causing disturbance to the vehicular

traffic, that can be considered by the Traffic Regulatory

Committee.

The writ petition is accordingly disposed of, directing

the 1st respondent to bring the grievance highlighted in

Exts.P3 and P4 representations to the notice of Traffic

Regulatory Committee, for appropriate action.

Sd/-

V.G. ARUN JUDGE bpr

W.P.(C) NO.39807 OF 2022

APPENDIX OF WP(C) 39807/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE LICENSE DATED 11/6/2015 OF ANAD PANCHAYAT.

EXHIBIT P2 THE TRUE COPY OF THE LICENSE DATED 29/6/2022 OF ANAD PANCHAYAT.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 11/10/2022.

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 9/11/2022 FILED BEFORE THE 2ND RESPONDENT.

EXHIBIT P4(A) THE RECEIPT DATED 9/11/2022 OBTAINED FROM NEDUMANGAD SDPO.