A.K.Nizar vs Thodupuzha Municipality
2024 Latest Caselaw 10463 Ker

Kerala High Court

A.K.Nizar vs Thodupuzha Municipality on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE S.MANU

     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

                       WP(C) NO. 26134 OF 2017

PETITIONERS:
     1     A.K.NIZAR
           UNIT SECRETARY, CITU,
           AUTORICKSHAW STAND NO.30,THODUPUZHA MUNICIPALITY,
           IDUKKI DISTRICT, PIN:685 584.
    2      ASOKAN K.M.
           UNIT SECRETARY, AITUC, AUTORICKSHAW STAND NO.30,
           THODUPUZHA MUNICIPALITY, IDUKKI DISTRICT, PIN:685 584.
    3      RENJITH E.M.
           UNIT SECRETARY, B.M.S., AUTORICKSHAW STAND NO.30,
           THODUPUZHA MUNICIPALITY, IDUKKI DISTRICT, PIN:685584.
           BY ADVS.
           SRI.P.S.SREEDHARAN PILLAI
           SRI.T.K.SANDEEP
           SRI.ARJUN SREEDHAR
           SRI.ARUN KRISHNA DHAN


RESPONDENTS:
     1     THODUPUZHA MUNICIPALITY
           REPRESENTED BY ITS SECRETARY, THODUPUZHA P.O.,
           THODUPUZHA, IDUKKI DISTRICT-685584.
    2      THE SECRETARY
           THODUPUZHA MUNICIPALITY, THODUPUZHA P.O.,
           IDUKKI DISTRICT, PIN:685 584.
* ADDL.R3 TRAFFIC ADVISORY COMMITTEE
          THODUPUZHA, REPRESENTED BY ITS CONVENOR, JOINT R.T.O.,
          R.T.O.OFFICE, THODUPUZHA, PIN-685584.


           *   IMPLEADED AS PER ORDER DTD.22-08-2017 IN I.A.13425/2017

           BY ADVS.
           SRI.UNNIKRISHNAN.V.ALAPATT,SC,TPA.MUNIC
           R3 BY GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.26134 of 2017

                                      2


                                 JUDGMENT

Dated this the 11th day of April, 2024

Petitioners have approached this Court aggrieved by

alleged inordinate delay and inaction on the part of the

respondent Municipality in allotting and earmarking parking

space for autorickshaws of auto stand No.30 of Thodupuzha

Municipality. The 1st petitioner has submitted Ext.P2

representation before the Secretary of the Municipality for

redressal of their grievance.

2. During the pendency of this writ petition, the

Traffic Advisory Committee, Thodupuzha has been

impleaded as additional 3rd respondent.

3. When the matter was taken up for haring, the

learned Standing Counsel for Thodupuzha Municipality

submits that the Traffic Advisory Committee is the

competent authority to consider the grievance raised in the

writ petition.

4. The learned counsel for the petitioners also agrees

that the petitioners will be satisfied if their grievance is

considered by the additional 3rd respondent.

5. In view of the above, I dispose of this writ petition

directing the 2nd respondent to forward a copy of Ext.P2

representation to the additional 3rd respondent immediately

on receipt of a copy of this judgment. The 3 rd respondent

shall consider Ext.P2 representation and take a final decision

in the matter within a period of six weeks from the date of

receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

S.MANU, JUDGE

skj

APPENDIX OF WP(C) 26134/2017

PETITIONERS' EXHIBITS EXHIBIT P1: A TRUE COPY OF THE JUDGMENT DATED 2.3.2017 IN WPC NO.6015 OF 2017 OF THIS COURT.

EXHIBIT P2; A TRUE COPY OF THE REPRESENTATION DATED 15.07.2017 SUBMITTED TO THE RESPONDENT MUNICIPALITY WITH ACKNOWLEDGMENT.