Musthafa T. K vs Station House Officer
2022 Latest Caselaw 7277 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 28449 OF 2021
PETITIONERS:

    1       MUSTHAFA T. K.
            AGED 46 YEARS
            S/O. KUNJUMUHAMMED, SALEENA MANZIL, NILAMBUR ROAD,
            WANDOOR P. O., MALAPPURAM DISTRICT.
    2       SAJAD T. K.
            AGED 46 YEARS
            S/O. MUSTHAFA THONIKADAVAN, SALEENA MANZIL,
            NILAMBUR ROAD, WANDOOR P. O., MALAPPURAM DISTRICT.
            BY ADVS.
            G.HARIHARAN
            PRAVEEN.H.
RESPONDENTS:

    1       STATION HOUSE OFFICER
            WANDOOR POLICE STATION, WANDOOR,
            MALAPPURAM DISTRICT - 679328.
    2       THE SECRETARY
            WANDOOR GRAMA PANCHAYAT, WANDOOR,
            MALAPPURAM DISTRICT - 679328.
    3       SAMYUKTHA AUTORIKSHAW THOZHILALI UNION
            WANDOOR, MALAPPURAM DISTRICT,
            REPRESENTED BY ITS SECRETARY, PIN - 679328.
            BY ADVS.
            VINOD RAVINDRANATH
            K.RAKESH
            MEENA.A.
            T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28449 OF 2021

                                      2


                               JUDGMENT

Dated this the 23rd day of June, 2022

This writ petition is filed seeking directions to the 1 st respondent

to consider and take immediate action to provide proper and adequate

police protection to the petitioners and their workers against the threat

made by the members of the 3rd respondent trade union in interfering

with the parking of customers' vehicle in front of the petitioners'

shopping complex. It is submitted by the learned counsel for the

petitioners that parking is being done by members of the 3rd respondent

union in front of the shopping complex blocking ingress and egress to

the shops owned by the petitioners. Ext.P2 judgment of this Court was

also produced along with the writ petition. It is submitted that it is in

violation of the directions contained in Ext.P2 that the parking has been

carried out.

2. An interim order had been rendered on 10.12.2021 directing that

autorikshaws or transport vehicles shall not be parked in front of the

petitioners' shops obstructing ingress and egress to the employees or

customers. On 04.03.2022, the interim order was further modified WP(C) NO. 28449 OF 2021

stating that the respondents shall permit the parking of autorikshaws

without causing obstruction to the ingress and egress of the shopping

complex. The said interim order was taken in appeal by the petitioners

in W.A. No.338/2022. Noticing Ext.P2 judgment, a Division Bench of

this Court held that the parking of autorikshaws shall be strictly in

accordance with the directions of the Traffic Regulatory Committee as

evident from Exts.R2(a) and R2(b) therein and no obstruction to the

ingress and egress to the shops should be caused. It was directed that

the enforcement of the impugned modified interim order dated

04.03.2022 shall be in accordance with the directions in Ext.P2

judgment.

3. Today, when the matter was taken up, the learned counsel for the

respondents submits that the parking is being done strictly in

accordance with Exts.R2(a) and R2(b) as also Ext.P2 judgment as

referred to in W.A. No.338/2022.

4. In the above view of the matter, I am of the opinion that no further

orders are required in the writ petition. This writ petition is closed,

making it clear that the parking of the autorikshaws or transport WP(C) NO. 28449 OF 2021

vehicles shall be strictly in accordance with Ext.P2 judgment as also

Exts.R2(a) and R2(b) and shall not cause any hindrance to ingress and

egress to the petitioners' shopping complex.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 28449 OF 2021

APPENDIX OF WP(C) 28449/2021

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTOGRAPH EVIDENCING PARKING OF AUTORIKSHAWS IN FRONT OF THE BUILDING OWNED BY THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE JUDGMENT MADE IN WPC(C) NO.13021/2019 BY THIS HON'BLE COURT ON 03.11.2020.

Exhibit P3 TRUE COPY OF THE PHOTOGRAPH TAKEN ON 27.11.2020 EVIDENCING UNAUTHORIZED PARKING OF AUTORIKSHAWS IN FRONT OF THE PETITIONERS SHOPPING COMPLEX.

Exhibit P4 TRUE COPY OF THE PARKING OF AUTORIKSHAW BY THE MEMBERS OF THE 3RD RESPONDENT UNION SURROUNDING A CAR PARKED IN FRONT OF THE PETITIONERS SHOPPING COMPLEX ON 23.11.2021. Exhibit P5 TRUE COPY OF THE REQUEST DATED 01.12.2021 MADE BY THE PETITIONERS BEFORE THE SHO, WANDOOR POLICE STATION.

Exhibit P6 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE OBSTRUCTION OF THE ENTRY AND EXIT OF SHOPPING COMPLEX BY THE MEMBERS OF THE 3RD RESPONDENT AUTORIKSHAW UNION Exhibit P7 TRUE COPY OF THE INFORMATION DATED 25.01.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE INFORMATION DATED 14.03.2022 ISSUED BY THE ASSISTANT ENGINEER PWD (ROADS) WANDOOR.

Exhibit P9 TRUE PHOTOGRAPH OF THE VEHICLE UNLOADING GOODS FROM THE MAIN ROAD ITSELF IN FRONT OF THE PETITIONERS SHOPPING COMPLEX ON 16.03.2022 RESPONDENTS' EXHIBITS: NIL