Kerala High Court
Anilkumar S vs Krishnapuram Grama Panchayayth on 9 June, 2022
WP(C) NO. 40569 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 40569 OF 2018
PETITIONER/S:
ANILKUMAR S.
AGED 57 YEARS
S/O.K.SUKUMARA PANICKAR, SEVAGRAM, KAPPILMEKKU,
KRISHNAPURAM.P.O., ALAPPUZHA-690533.
BY ADVS.
P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENT/S:
1 KRISHNAPURAM GRAMA PANCHAYAYTH
KRISHNAPURAM.P.O., KAYAMKULAM, ALAPPUZHA-690533,
REPRESENTED BY ITS SECRETARY.
2 THE SUB REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KAYAMKULAM.P.O.,
ALAPPUZHA-690533.
3 THE SUB INSPECTOR OF POLICE (TRAFIC),
KAYAMKULAM POLICE STATION, KAYAMKULAM.P.O.,
ALAPPUZHA-690533.
4 ADDL.R4 VINESH,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KALLETHU PADEETTATHIL, KAPPIL MEKKU, KRISHNAPURAM
P.O, ALAPPUZHA-690 533.
5 ADDL.R5 PANCHAMAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
PULLUKANDATHIL, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
WP(C) NO. 40569 OF 2018 2
6 ADDL.R6 CHANDRAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CHANDRALAYAM, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
7 ADDL.R7 GOVINDARAJAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KURUMBOLIL, KAPPIL MEKKU, KRISHNPURAM P.O;
ALAPPUZHA-690 533.
8 ADDL.R8 SHIBU,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
KOPPARAYIL, KAPPIL MEKKU, KRISHNAPURAM P.O;
ALAPPUZHA-690 533.
9 ADDL.R9 RAVI,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
PUTHANKULAGARA PADEETTATHIL, KAPPIL MEKKU,
KRISHNAPURAM P.O; ALAPPUZHA-690 533.
[ADDL.R4 TO R9 ARE IMPLEADED AS PER ORDER DATED
27.01.2022 IN I.A NO:1/2022 IN WP(C) 40569/2018]
BY ADVS.
SRI.VINCENT JOSEPH
SRI.V.BOBAN
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40569 OF 2018 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 40569 of 2018
--------------------------------------
Dated this the 9th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a writ of mandamus or other appropriate writ,
order or direction by directing the respondents to stop the
illegal parking of Autorickshaws at Sevagram Junction of the
Mukkada-Choonad Public Road.
ii. Such other relief's which this Hon'ble Court deems fit and
necessary in the circumstances of the case and the costs of this
case." [SIC]
2. When this writ petition came up for consideration on
13.12.2018, this Court passed the following order :
"Admit.
Urgent notice by speed post to R1. Learned Government
Pleader to take instructions from R2 and R3. In the meanwhile,
there will be a direction to the 3 rd respondent to ensure that the
autorickshaws are parked leaving a gap of 5 feet in between the
autorickshaws. Order will be operative for a period of one
month."
3. The main grievance of the petitioner is that the
autorickshaws are parking in front of the petitioner's
residential house. According to the petitioner, there is no
parking space allotted in front of the petitioner's house. In
such circumstances, the prayer is to issue appropriate
directions to the respondents to stop illegal parking of
autorickshaws in front of the petitioner's house, which is
situated at Sevagram Junction of the Mukkada-Choonad Public
Road.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader. It is true that service of notice to
respondents 4, 5, 6 and 8 are not complete. But since, they
have no right to park autorickshaw in a place where there is no
parking space allotted by the statutory authorities and also the
way in which this writ petition is going to be disposed of, no
notice is necessary to them. If they are aggrieved, they are free
to file a review petition before this Court.
5. The grievance of the petitioner is that even though
an interim order is passed, even now the autorickshaws are
parking in violation of the same. In the light of the interim
order dated 13.12.2018, it is the duty of the respondent Nos. 1
to 3 to see that there is no illegal parking of autorickshaws in
front of the petitioner's house.
Therefore, this writ petition is disposed of with the
following directions :
1) The respondent Nos. 1 to 3 will see that the order dated
13.12.2018 is strictly followed in future also.
2) If there is any violation of the same, the petitioner is free
to approach respondent Nos. 1 to 3 with a representation
and if such a representation is received, the respondent
Nos. 1 to 3 will do the needful, in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 40569/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS AND OTHER
BEFORE THE 3RD RESPONDENT, DATED 10/05/2017.
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS AND OTHER
BEFORE THE 1ST RESPONDENT, DATED 10/05/2017.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE COMMUNICATION
SEND TO THE 2ND RESPONDENT BY THE 1ST
RESPONDENT, DATED 12/06/2017.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE COMPLAINT
SUBMITTED BY NISHA, PUTHUMANA BEFORE THE 1ST
RESPONDENT, DATED 06/07/2017.
EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION FILED
UNDER THE RIGHT TO INFORMATION ACT BEFORE
THE 1ST RESPONDENT, DATED 15/02/2018.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE INFORMATION
PROVIDED BY THE 1ST RESPONDENT, DATED
12/03/2018.
EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION FILED
UNDER THE RIGHT TO INFORMATION ACT BEFORE
THE 2ND RESPONDENT, DATED 15/02/2018.
EXHIBIT P8 TRUE PHOTOCOPY OF THE INFORMATION PROVIDED
BY THE 2ND RESPONDENT, DATED 13/03/2018.
EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE REPRESENTATION BY
SUBMITTED BY THE PETITIONER, DATED
21/08/2017 BEFORE THE 3RD RESPONDENT.
EXT.P10 TRUE PHOTOGRAPHS SHOWING THE APRKING OF THE
VEHICLE NEAR THE RESIDENTIAL HOUSE OF THIS
DEPONENT ON THE ROAD SIDE AT SEVAGRAM
JUNCTION IN MUKKADA-CHOONAD PUBLIC ROAD.
