V.M Mathew vs Erattupetta Muncipality
2022 Latest Caselaw 7811 Ker

WP(C) NO. 2630 OF 2022            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                          WP(C) NO. 2630 OF 2022
PETITIONER/S:

      1        V.M MATHEW
               AGED 63 YEARS
               VAZHAYIL, THIDANAD, KONDOOR VILLAGE, ERATTUPETTA 686
               121, PIN - 686121

      2        V. E RASHEED
               AGED 62 YEARS
               VALIYAVEETIL, NADAKKAL P.O, ERATUPETTA VILLAGE,
               686121, PIN - 686121

      3        TRAFFIC REGULATORY COMMITTEE ( SOUGHT TO BE
               IMPLEADED )
               ERATTUPETTA MUNCIPALITY, ERATTUPETTA. ( SOUGHT TO BE
               IMPLEADED )

               BY ADVS.
               THOMAS T.VARGHESE
               PHILIP T.VARGHESE
               V.T.LITHA
               K.R.MONISHA
               SHRUTHI SARA JACOB
               SREENATH VIJAYARAGHAVAN
               ARJUN RAJA P.C.



RESPONDENT/S:

      1        ERATTUPETTA MUNCIPALITY
               THE ERATTUPETTA MUNCIPALITY
               REPRESENTED BY ITS SECRETARY, ERATTUPETTA, 686121,
               PIN - 686121

      2        THE SECRETARY ERATTUPETTA MUNCIPALITY
               THE SECRETARY,
               ERATTUPETTA MUNCIPALITY, ERATTUPETTA 686121, PIN -
 WP(C) NO. 2630 OF 2022                 2


               686121

      3        THE STATION HOUSE OFFICER , ERATTUPETTA
               THE STATION HOUSE OFFICER,
               ERATTUPETTA POLICE STATION, ERATTUPETTA 686121, PIN
               - 686121

      4        THE DEPUTY SUPERINTENDENT OF POLICE
               THE DEPUTY SUPERINTENDENT OF POLICE,
               OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, PALA 686
               575, PIN - 686575

      5        ADDL R5, ERATTUPETTA MUNICIPAL TAXI DRIVERS
               UNION(CITU)
               REPRESENTED BY ITS SECRETARY, KURIAKOSE JOSE,
               ERATTUPETTA, ARUVITHARA P.O-686 122.
               ADDITIONAL R5 IMPLEADED AS PER THE ORDER DATED 17-
               03-2022 IN IA 1/2022 IN WP(C)2630/2022

      6        ADDL R6, TRAFFIC REGULATORY COMMITTEE,
               REPRESENTED BY ITS CHAIRMAN, ERATTUPETTA
               MUNICIPALITY BY ITS CHAIRMAN, ERATTUPETTA
               MUNICIPALITY, ERATTUPETTA-686121.
               IS IMPLEADED AS ADDL R6 AS PER ORDER DATED 22-06-
               2022 IN IA NO.2/2022 IN WP(C)2630/2022

               BY ADV SUNIL V.MOHAMMED



OTHER PRESENT:

               SMT.DEEPA NARAYANAN, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    28.06.2022,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 2630 OF 2022                  3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                       W.P.(C) No.2630 of 2022
                     --------------------------------------
                 Dated this the 28th day of June, 2022


                                  JUDGMENT

The above writ petition is filed with following prayers :

"i) Issue a writ of mandamus or any other appropriate writ or direction to the respondents to take appropriate action to ensure that no unauthorized parking is done obstructing free and uninterrupted access to the petitioner's property through the public road described in Ext P2 and P3 representations.

ii) Issue a writ of mandamus or any other appropriate writ or direction to the respondents to consider and take effective action on Ext P2 and Ext P3 representation forthwith;

iii) Pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice; and

iv) All this writ petition with costs." [SIC]

2. The petitioners are aggrieved by unauthorized

parking of taxis and contract carriage vehicles obstructing

entry to a public road in front of their property. It is the

case of the petitioners that they filed several complaints

including Exts.P2 and P3 before the respondents requesting

them to take action to prevent parking of vehicles blocking

the public road in front of their building. But there is no

action. Hence, this writ petition.

3. Heard the learned counsel for the petitioners,

learned Standing Counsel appearing for respondent Nos. 1, 2

and 6. I also heard the learned Government Pleader who

appeared for the 3rd and 4th respondent.

4. The main grievance of the petitioners is that there is

obstruction for ingress and egress to the petitioners' property

because of parking in front of the petitioners' commercial

building. The learned counsel appearing for the Panchayat

submitted that the matter is referred to the addl. 6 th

respondent and once the decision is taken by the addl.6 th

respondent, the same will be placed before the Municipal

Council and a decision will be taken immediately. In the light of

the same, I think appropriate directions can be issued for

expediting the matter.

Therefore, this writ petition is disposed of with the

following directions :

1) The addl. 6th respondent is directed to decide the issue

regarding the alleged unauthorized parking of vehicles in

front of the pathway leading to the petitioners' premises

as expeditiously as possible, at any rate, within two

weeks from the date of receipt of a copy of this judgment.

2) Once a decision is taken by the addl. 6 th respondent, the

1st and 2nd respondents will take appropriate

consequential steps and pass appropriate orders within

two weeks thereafter.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 2630/2022

PETITIONER EXHIBITS

Exhibit1 PHOTOGRAPHS SHOWING BLOCKING OF PUBLIC ROAD DUE TO ILLEGAL PARKING ( 6 NOS)

Exhibit2 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO 2ND RESPONDENT

Exhibit3 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO 4TH RESPONDENT