Dharmarajan P.K vs Kattoor Grama Panchayat
2022 Latest Caselaw 2441 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 38200 OF 2015
PETITIONER/S:

     1       DHARMARAJAN P.K
             AGED 54 YEARS
             S/O.KRISHNAN,PATTATHE HOUSE,KATTOOR.P.O,THEKKUMOOLA,
             THRISSUR-680702.
     2       VINCENT.C.F, AGED 59 YEARS,
             S/O.LATE FRANCIS,CHITTILAPPILLY
             HOUSE,EDATHURUTHY.P.O,KODUNGALLUR TALUK,THRISSUR-680703.
     3       SHIHAB.T.H
             AGED 34 YEARS
             S/O.T.B.HAMEED,THOPPIYIL
             HOUSE,PONJANAM.P.O,KATTOOR,THRISSUR-680702.
     4       ACHUTHAN.P.V
             AGED 59 YEARS
             S/O.VELAYUDHAN,PUTHUVEETTIL HOUSE,KATTOOR.P.O, THRISSUR-
             680702.
     5       V.P.GEORGE
             AGED 55 YEARS
             S/O.V.J.PAUL,VELIYAVEETTIL HOUSE,EDATHURUTHY.P.O,
             KODUNGALLUR TALUK,THRISSUR-680703.
             BY ADVS.
             SRI.ASHIK K.MOHAMMED ALI
             SMT.SAJNA T.UMMER


RESPONDENT/S:

     1       KATTOOR GRAMA PANCHAYAT
             KATTOOR.P.O,THRISSUR-680702,REPRESENTED BY ITS SECRETARY.
     2       STATE OF KERALA
             REPRESENTED BY THE LOCAL SELF GOVERNMENT
             DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-
             695001,REPRESENTED BY ITS PRINCIPAL SECRETARY.
     3       THE DISTRICT COLLECTOR
             OFFICE OF THE DISTRICT COLLECTOR,CIVIL STATION,
             AYYANTHOLE,THRISSUR-680001.
     4       THE SUPERINTENDENT OF POLICERURAL
             OFFICE OF THE SUPERINTENDENT OF POLICE(RURAL),CIVILS
 WP(C) NO. 38200 OF 2015
                                 -2-

             STATION,AYYANTHOLE,THRISSUR-680001.
     5       THE SUB REGIONAL TRANSPORT OFFICER
             OFFICE OF THE SUB REGIONAL TRANSPORT OFFICE,CIVIL
             STATION,IRINJALAKUDA,THRISSUR-680125.
     6       THE EXECUTIVE ENGINEER
             PWD ROADS DIVISION,NEAR RAMANILAYAM,CHEMBUKAVU,
             THRISSUR-680020.

             R1- SRI.T.N.MANOJ
             R2 TO 6 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.03.2022,   THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 38200 OF 2015
                                   -3-

                               JUDGMENT

Petitioners are businessmen doing various businesses in

Thaliyapadath building situated on the westerns side of the Irinjalakkuda

- Kattoor road near Kattoor Bazar, Thrissur district, within the limits of

Kattoor Grama Panchayath - the 1st respondent. Basically, petitioners

are aggrieved by an auto stand situated near to their business premises,

and according to them, the auto stand is causing innumerable difficulties

to the petitioners as well as the public and it creates lot of traffic block.

The case projected by the petitioners is on the basis of Ext.P1, an order of

the State Government dated 26.02.2011, whereby, a policy was taken by

the Government with respect to automobile parking in the towns and

cities in the State of Kerala. It is apparent from the said order that, the

said order is forwarded to all the Local Self Government Institutions and

the appropriate statutory authorities.

2 Anyhow, petitioners have submitted Ext.P2 representation before

the Secretary of the Kattoor Grama Panchayath, however, no decision

was taken, and at that point, petitioners have approached this Court by

filing W.P.(C).No.12355 of 2013, and as per Ext.P8 judgment dated WP(C) NO. 38200 OF 2015

26.08.2013, the Secretary of the Grama Panchayath was directed to

consider Ext.P2 representation. The Secretary, in compliance with the

directions issued by this Court, had considered Ext.P2 representation and

passed orders regulating the parking of autorikshaws, leaving a gap of 2

meters in between the autorikshaws and also directing that, at a time,

only 12 autorikshaws can be parked in that particular area. The grievance

basically highlighted by the petitioners in the writ petition is that, even

though in Ext.P2 representation, petitioners have specifically stated

about Ext.P1 Governemnt Order in relation to parking of automobiles,

wherein it is stated that, vehicles cannot be parked by the side of the road

and a stand shall be made by the Local Self Government Institutions for

parking of the vehicles, the Secretary of the Grama Panchayath has not

considered the same or rather given a go-by to the Government Order. It

is thus challenging the legality and correctness of Ext.P9 order dated

06.11.2013 of the Secretary of the Grama Panchayat, this writ petition is

filed.

3. I have heard learned counsel for the petitioners Sri. Ashik

K.Mohamed Ali, learned counsel appearing for the 1st respondent WP(C) NO. 38200 OF 2015

Sri.T.N.Manoj and the learned Government Pleader Sri.Riyal Devassy,

and perused the pleadings and materials on record.

4. The sole question to be considered is whether any manner of

interference is warranted to Ext.P9 impugned order dated 06.11.2013

passed by the Secretary of the Grama Panchayath. In my considered

opinion, when the petitioners had a specific case that the representation

submitted by them has to be considered taking into account the policy

guidelines issued by the State Government with respect to automobile

parking within the limits of Local Self Government Institutions, the

Secretary had a duty to consider the same and take a decision in

accordance with law and also in accordance with the direction issued by

this Court in Ext.P8 judgment. However,on a perusal of Ext.P9 impugned

order, nowhere it is stated anything about the policy decision taken by

the State Government. In that view of the matter, I am of the considered

opinion that Ext.P9 order requires interference and a direction has to be

issued to reconsider Ext.P2 representation, taking into account Ext.P1

policy guidelines issued by the Government in respect of automobile

parking within the limits of the Local Self Government Institutions. WP(C) NO. 38200 OF 2015

5. Accordingly, I quash Ext.P9 and direct the Secretary of the

Kattoor Grama Panchayath to reconsider Ext.P2 application submitted by

the petitioners, taking into account, Ext.P1 policy guidelines issued by the

State Government dated 26.02.2011, at the earliest and at any rate,

within two months from the date of receipt of a copy of this judgment,

after providing an opportunity of hearing to all concerned.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 05.04.2022 WP(C) NO. 38200 OF 2015

APPENDIX OF WP(C) 38200/2015

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GO(MS)NO.62/2011/LSGD DATED 26-2-2011 DOWNLOADED FROM THE WEBSITE OF THE LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P2 TRUE COPY OF THE PETITION DATED 29-4-2013 GIVEN TO THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE INWARD NO.2278 DATED 4-5-

2013 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.25826/13 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE RECEIPT NO.517/DPC-R/CAMP/PTN/13/R ISSUED BY THE OFFICE OF THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED 13-

5-2013 EVIDENCING THE ISSUANCE OF EXT.P2 TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 8-4-2013 IN WP(C)NO.18260 OF 2011 OF THIS HONOURABLE COURT EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATAED 26-8-2013 IN WP(C)12355 OF 2013 OF THIS HONOURABLE COURT EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 6-11-

2013 OF THE 1ST RESPONDENT.