Kerala High Court
Mini Johnson vs Melila Grama Panchayat on 27 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO. 19170 OF 2022
PETITIONER/S:
MINI JOHNSON, AGED 34 YEARS
W/O. JOHNSON, JOMIN COTTAGE, KIZHAKKETHERUVU,
CHENGAMANADAU P.O., KOTTARAKKARA, KOLLAM-691557.
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENT/S:
1 MELILA GRAMA PANCHAYAT,
CHENGAMANADU P.O., KOTTARAKKARA, KOLLAM-691557,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY,
MELILA GRAMA PANCHAYAT, CHENGAMANADU P.O.,
KOTTARAKKARA, KOLLAM-691557.
3 THE STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION, KOLLAM-691506.
4 REGIONAL TRANSPORT OFFICER,
POLACHIRA BUILDING, MARKET JUNCTION,
KOTTARAKKARA, KOLLAM-691506.
5 SIVAN PILLAI (AUTO DRIVER),
SRUTHI BHAVAN, CHENGAMANADU P.O., KOTTARAKKARA,
KOLLAM-691557.
6 MONACHAN, THUNDUVILA, KILAKKAD, CHENGAMANAD,
KOLLAM-691557.
BY ADVS.
PREMCHAND R.NAIR
PREEJA V.P.
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 19170 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 19170 of 2022
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Dated this the 27th day of July, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i. To issue a writ of Mandamus or any other
appropriate Writ Order or direction directing the
respondents 1 to 4 forthwith to remove the unauthorized
parking of autorickshaw in front of the shop of the
petitioner.
ii. Declare that the respondents 5 and 6 and others who
are parking their autorickshaw in front of the shop of the
petitioner are legally not permitted to do the same and
hence liable to remove the same forthwith.
iii. Issue such other reliefs as this Hon'ble Court may
deem fit and proper in the circumstances of the case."
(sic)
2. The petitioner is having a building adjacent to
Kollam Thirumangalam National Highway. There are three
shop rooms attached to the building of the petitioner. The
grievance of the petitioner that respondents 5 and 6 along with
W.P.(C). No. 19170 of 2022
other autorickshaw drivers are parking autorickshaws in front of
his shop rooms obstructing the ingress and egress to the shop
rooms. The petitioner preferred Ext.P1 before the 1st
respondent Panchayat. Even now there is no response and hence
this writ petition is filed.
3. Heard the counsel for the petitioner and the counsel
appearing for the 1st respondent Panchayat. I also heard the
Government Pleader. Even though notice was issued to
respondents 5 and 6, there is no appearance.
4. The main grievance of the petitioner is that there is
no autorickshaw stand in the place and the autorickshaws are
parking obstructing the ingress and egress to the shop rooms
owned by the petitioner. If that is the case, it is the duty of
respondents 1 to 3 to see that there is no obstruction to the
W.P.(C). No. 19170 of 2022
ingress and egress to the shop rooms of the petitioner by the
autorickshaw drivers in that area.
Therefore, this writ petition is disposed of directing
respondents 1 to 3 to see that there is no obstruction to the
ingress and egress to the shop rooms of the petitioner from the
National Highway by the autorickshaw drivers who are parking
their autorickshaws in front of the shop rooms.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 19170 of 2022
APPENDIX OF WP(C) 19170/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF COMPLAINT ALONG WITH
ACKNOWLEDGMENT RECEIPT SUBMITTED BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 31/05/2022.
Exhibit P2 TRUE COPY OF THE QUESTIONS UNDER THE
RIGHT TO INFORMATION ACT DATED
25/02/2022.
Exhibit P3 TRUE COPY OF REPLY GIVEN BY THE
INFORMATION OFFICER UNDER RTI DATED
23/03/2022.
Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING
HOW THE AUTORIKSHAWS ARE BLOCKING THE
INGRESS AND EGRESS TO THE SHOP.
