M.Badarudheen vs The Regional Transport Authority
2022 Latest Caselaw 8449 Ker

Citation : 2022 Latest Caselaw 8449 Ker
Judgement Date : 6 July, 2022

Kerala High Court

M.Badarudheen vs The Regional Transport Authority on 6 July, 2022

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                WP(C) NO. 20922 OF 2022
PETITIONER:

         M.BADARUDHEEN
         AGED 63 YEARS
         S/O. MOHAMMMED HANEEFA, SHAMNAD MANZIL,
         KULATHUPUZHA P.O, PUNALUR TALUK,
         KOLLAM DISTRICT- 691 310.

         BY ADVS.
         P.JAYARAM
         GIGI PAPPACHAN
         K.R.PAUL
         SREERAJ M.D.


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY
         KOLLAM, REPRESENTED BY THE SECRETARY,
         NEAR ANANDAVALLEESWARAM TEMPLE, CIVIL STATION,
         ANANDAVALLEESWARAM, KOLLAM, KERALA -691013.

    2    THE JOINT R.T.O,
         R.T.O. OFFICE, NELLIPPALLY, PUNALUR,
         KOLLAM DISTRICT-691 305.

    3    THE STATION HOUSE OFFICER,
         KULATHUPUZHA POLICE STATION,
         KULATHUPUZHA.P.O, KOLLAM DISTRICT -691 310.

    4    KULATHUPUZHA GRAMA PANCHAYATH,
         REPRESENTED BY ITS SECRETARY,
         P.O.KULATHUPUZHA, KOLLAM DISTRICT-691 310.
 W.P.(C) No.20922/2022
                            :2:


    5     THE SECRETARY,
          KULATHUPUZHA GRAMA PANCGHAYATH,
          P.O.KULATHUPUZHA, KOLLAM DISTRICT-691 310.

          BY ADV SHRI.MANOJ RAMASWAMY,SC,KULATHUPUZHA G.P
          SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.20922/2022
                                       :3:




                           N. NAGARESH, J.

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                      W.P.(C) No.20922 of 2022

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                 Dated this the 6th day of July, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, who is a senior citizen and who has

returned to India after 25 years of employment abroad, has

filed this writ petition seeking to direct the respondent

authorities to prevent the unauthorised parking of

autorickshaws in front of the petitioner's building.

2. The petitioner states that he was employed

abroad for long and after return to India, he purchased a land

utilising his earnings. The petitioner and his son together

constructed a commercial building after obtaining Building

Permit. At present, tenants are occupying shop rooms in the

commercial building constructed by the petitioner. W.P.(C) No.20922/2022

3. The petitioner contends that autorickshaws are

parked unlawfully in front of the petitioner's building on the

PWD Road. The unauthorised parking of autorickshaws is

causing obstruction to the trading activity of the tenants of

the petitioner. Due to this illegal autorickshaw parking, no

person is willing to take on lease the vacant shop rooms in

the commercial building. The blockade caused by the

unauthorised autorickshaw stand, is affecting not only the

petitioner and his tenants, but also to the consumers visiting

the premises.

4. The petitioner submitted Ext.P1 complaint to the

Joint RTO. Ext.P2 complaint was preferred before the

Station House Officer also. The petitioner submitted a

complaint before the Secretary to the Grama Panchayat as

per Ext.P3. In spite of all these complaints, the grievance of

the petitioner remains unreddressed.

5. Standing Counsel for respondents 4 and 5

submitted that there is no authorised autorickshaw parking in

front of the building of the petitioner. The Panchayat has not W.P.(C) No.20922/2022

earmarked that place for any parking.

6. The Government Pleader, on instructions from the

2nd respondent, submitted that as per the records of the RTO

Office, no such autorickshaw parking is permitted at that

location.

7. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3 and the learned Standing Counsel representing

respondents 4 and 5.

8. The petitioner has constructed a commercial

building and let out rooms in the building to various traders.

The grievance of the petitioner is that autorickshaws are

being parked unauthorisedly in front of his commercial

building, obstructing free ingress and egress to the building.

Shop owners and consumers find it difficult to access shops

in the building.

9. When there is no authorised autorickshaw parking

earmarked by any of the competent authorities, parking of

autorickshaws at the place, can only be described as W.P.(C) No.20922/2022

unauthorised. The petitioner has made complaints before

the authorities but the complaints were of no avail. Since the

parking of autorickshaws in front of the petitioner's building is

not legally permissible, the authorities are bound to act on

the complaints of the petitioner.

In the facts and circumstances of the case, the

writ petition is disposed of directing respondents 2 to 4 to

ensure that there is no unauthorised autorickshaw parking in

front of the building of the petitioner.

Sd/-

N. NAGARESH, JUDGE aks/08.07.2022 W.P.(C) No.20922/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 26.05.2022 MADE BY THE PETITIONER TO THE JOINT R.T.O, PUNALUR PROVIDING INFORMATION REGARDING UNAUTHORIZED PARKING OF AUTO RICKSHAWS AT MARKET JUNCTION, KULATHUPUZHA IN FRONT OF THE COMMERCIAL BUILDING OF THE PETITIONER ON THE SIDE OF THE KULATHUPUZHA-

PUNALUR, PWD ROAD.

Exhibit P1(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27.05.2022 EVIDENCING THE DISPATCH OF EXHIBIT P1 COMPLAINT TO THE 2ND RESPONDENT.

Exhibit P1(B) TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF EXHIBIT P1 COMPLAINT BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 26.05.2022 MADE BY THE PETITIONER TO THE S.H.O, KULATHUPUZHA PROVIDING INFORMATION REGARDING UNAUTHORIZED PARKING OF AUTO RICKSHAWS AT MARKET JUNCTION, KULATHUPUZHA ON THE SIDE OF THE KULATHUPUZHA-PUNALUR, PWD ROAD. Exhibit P2(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27.05.2022 EVIDENCING THE DISPATCH OF EXHIBIT P1 COMPLAINT TO THE 3RD RESPONDENT.

Exhibit P2(B) TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF EXHIBIT P2 COMPLAINT BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 26.05.2022 MADE BY THE PETITIONER TO THE SECRETARY, KULATHUPUZHA GRAMA PANCHAYATH PROVIDING INFORMATION REGARDING UNAUTHORIZED PARKING OF AUTO RICKSHAWS AT MARKET JUNCTION, KULATHUPUZHA ON THE SIDE OF THE KULATHUPUZHA-PUNALUR, PWD ROAD. W.P.(C) No.20922/2022

Exhibit P3(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27.05.2022 EVIDENCING THE DISPATCH OF EXHIBIT P3 COMPLAINT TO THE 5TH RESPONDENT.

Exhibit P3(B) TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF EXHIBIT P3 COMPLAINT BY THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE TITLE DEED HAVING E-

STAMP SERIAL NO. ES00005717076521151E DATED 26.07.2018 SHOWING THE OWNERSHIP OF THE PETITIONER OF THE PROPERTY WHEREIN COMMERCIAL BUILDING IS SITUATED IN SURVEY NO.900/1B IN KULATHUPUZHA VILLAGE, PUNAULR TALUK, KOLLAM DISTRICT.

Exhibit P5 TRUE COPY OF THE TITLE DEED HAVING E-

STAMP SERIAL NO. ES000077229656521104E DATED 26.07.2018 SHOWING THE OWNERSHIP OF THE SON OF THE PETITIONER OF THE PROPERTY WHEREIN COMMERCIAL BUILDING IS SITUATED IN SURVEY NO.900/1B IN KULATHUPUZHA VILLAGE, PUNAULR TALUK, KOLLAM DISTRICT.

Exhibit P6 TRUE COPY OF THE LICENSE ISSUED BY THE KULATHUPUZHA GRAMA PANCHAYATH TO THE TENANT OF THE PETITIONER TO RUN JEWELLERY SHOP IN THE PREMISES OF THE PETITIONER.

Exhibit P7 PHOTOGRAPHS EVIDENCING THE UNAUTHORIZED PARKING OF AUTO RICKSHAWS IN FRONT OF THE SHOPS OWNED BY THE PETITIONER AND HIS SON.