Kerala High Court
Kochurani vs Circle Inspector Of Police on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42226 OF 2022
PETITIONER:
KOCHURANI
AGED 57 YEARS
W/O.VINSON,
ALAPPAT HOUSE, PERAMBRA,
PUTHUKKAVU, PERAMBRA P.O, KODAKARA,
KANAKAMALA, THRISSUR-680689.
BY ADVS.
SREEHARI INDUKALADHARAN
Francis P.T
RESPONDENTS:
1 CIRCLE INSPECTOR OF POLICE
KODAKARA POLICE STATION, THRISSUR-680684, PIN - 680684
2 KODAKARA GRAMAPANCHAYATH
REPRESENTED BY ITS SECRETARY,
KODAKARA, THIRSSUR- 680684.
3 ASSISTANT EXECUTIVE ENGINEER
PWD ROADS SUB DIVISION, IRINJALAKUDA,
THRISSUR - 680 121.
4 REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY ITS SECRETARY,
CIVIL STATION, THRISSUR-680 003.
5 TRAFFIC REGULATORY COMMITTEE
KODAKARA GRAMA PANCHAYATH, REPRESENTED BY
ITS PRESIDENT, GRAMAPANCHAYATH OFFICE,
KODAKARA, THRISSUR-680 684, PIN - 680684
6 THRISSUR JILLA AUTO AND LIGHT MOTORS UNION(CITU),
KODAKARA UNIT REPRESENTED BY SECRETARY,
KODAKARA, THRISSUR-680684.
WP(C) No.42226/2022 2
7 ALL DRIVERS UNION(INTUC)
KODAKARA UNIT REP BY ITS PRESIDENT,
KODAKARA, THRISSUR - 680684.
8 BHARATIYA MASDOOR SANGH(BMS)
KODAKARA UNIT REP BY ITS SECRETARY,
KODAKARA THRISSUR - 680684.
BY ADV SRI.M.R.ANISON
SRI.SUNILKUMAR KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.42226/2022 3
JUDGMENT
The petitioner is conducting a business in the building situated
in Kodakara junction (Old National Highway Road, Thrissur) which
is stated to be a busy road and thronged by large number of
pedestrians as well as vehicles. There are about 130 autorickshaws,
out of which 15 to 20 are parked in front of the petitioner's shop
blocking the ingress and egress for the customers coming to the
petitioner's shop as evident from the photographs Ext.P2.
2. The adjacent shop owner approached this Court vide
Writ Petition bearing No.32180 of 2018. This Court vide judgment
dated 01.11.2022 directed the Traffic Regulatory Committee to
constitute a Committee for Kodakara Grama Panchayat to consider
and take a decision on the issue relating to parking of
autorickshaws at Kodakara junction. It is contended that on the
basis of the aforementioned order, all the autorickshaws shifted
from the adjacent shop and started parking the autorickshaws in
front of the shop of the petitioner.
3. Issue notice before admission. Learned Standing Counsel
accepts notice on behalf of the Grama Panchayat, Kodakara, and
submits that the grievance of the petitioner as reflected in Ext.P5
representation dated 22.09.2022 addressed to the Panchayat shall
be considered strictly as per Ext.P6 judgment of this Court dated
01.11.2022.
4. This Court in respect of the controversy with regard to
the adjacent shop owners, after taking notice of the stand taken by
the respective parties and provisions of the Rules and Act, issued
directions to the Traffic Regulatory Commission already constituted
for Kodakara Grama Panchayat to consider and take a decision on
the issue relating to parking of the autorickshaws in front of the
building of the petitioners therein with notice to the respondents. I
am of the view that similar exercise is required to be conducted by
the Traffic Regulatory Commission already constituted for Kodakara
Grama Panchayat for redressing the grievance of the petitioner as
reflected in the representation. Paragraph 8 of Ext.P6 judgment
reads as under :
"8. Accordingly, there will be a direction to the 5th
respondent, the Traffic Regulatory Committee constituted
for Kodakara Grama Panchayat to consider and take a
decision on the issue relating to parking of autorickshaws
at Kodakara Junction (Old National Highway road) in front
of the petitioners' buildings with notice to the petitioners,
respondents 6 to 8, the Kodakara Merchants Association
and other stakeholders as the Traffic Regulatory
Committee deems fit. The views of the pedestrians and
commuters randomly selected from site, shall also be
recorded by a site visit and shall be discussed at the time
of hearing. Decision as above shall be taken within a
period of six weeks from the date of receipt of a copy of
this Judgment. The secretary of the 2nd respondent
Panchayat shall place the copy of the Judgment before the
convenor of the Traffic Regulatory Committee for
compliance forthwith on its receipt.
The writ petition is disposed of with the above
directions. There will be no order as to costs."
Accordingly, Writ Petition is disposed of by issuing directions
to the fifth respondent chaired by the second respondent to
consider and take a decision on the issue relating to the parking of
the autorickshaws at Kodakara junction (Old National Highway
Road), in front of the petitioner's building, in accordance with law,
strictly as per the directions contained in Ext.P6 judgment, within a
period of one week from the date of receipt of a certified copy of
the judgment. Till then, the Circle Inspector of Police is directed to
ensure that there should not be parking menace of autorickshaws
etc. in front of the shop of the petitioner.
Sd/-
AMIT RAWAL
JUDGE
csl
APPENDIX OF WP(C) 42226/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE ISSUED BY THE
2ND RESPONDENT PANCHAYATH DATED
07-05-2022
Exhibit P1(a) TRUE TRANSALATION OF EXT P1 LICENSE
Exhibit P2 ORIGINAL PHOTOGRAPHS SHOWING THE ILLEGAL
PARKING OF THE AUTORICKSHAWS IN FRONT OF
PETITIONER'S SHOP ROOM IN KODAKARA
JUNCTION
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.(C )NO.
6000/2011 DATED 28-01-2016
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
04-06-2015 IN W.P.(C) 7029/2015
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE 2ND RESPONDENT DATED
22.09.2022
Exhibit P5(a) TRUE TRANSLATION OF EXHIBIT P5 DOCUMENT
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC
32180/2018 DATED 01.11.2022
