Kerala High Court
Anila Francis vs Regional Transport Authority on 30 September, 2024
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WP(C) No.34113 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34113 OF 2024
PETITIONER:
ANILA FRANCIS, AGED 43 YEARS
W/O. GODFREY A.J., ARRANGASSERY HOUSE, OLLUR
P.O., EDAKUNNI, THRISSUR DISTRICT, KERALA, PIN
- 680306
BY ADVS.
M.R.DHANIL
SENITTA P. JOJO
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, AYYANTHOLE P.O., THRISSUR
DISTRICT, KERALA- 680003, REPRESENTED BY ITS
SECRETARY, REGIONAL TRANSPORT OFFICER, CIVIL
STATION, AYYANTHOLE, THRISSUR DISTRICT, KERALA,
PIN - 680003
2 SECRETARY, REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, AYYANTHOLE P.O., THRISSUR
DISTRICT, KERALA, PIN - 680003
3 REGIONAL TRANSPORT OFFICER
CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,
KERALA, PIN - 680003
4 SUB REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, CHALAKUDY, THRISSUR
DISTRICT, KERALA, PIN - 680307
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WP(C) No.34113 of 2024
5 SECRETARY
CHALAKUDY MUNICIPALITY, CHALAKUDY, THRISSUR
DISTRICT, KERALA, PIN - 680307
6 DISTRICT POLICE CHIEF
THRISSUR DISTRICT, AYYANTHOLE, THRISSUR
DISTRICT, KERALA, PIN - 680003
7 DEPUTY SUPERINTENDENT OF POLICE
CHALAKUDY, THRISSUR DISTRICT, KERALA, PIN -
680307
8 STATION HOUSE OFFICER
CHALAKUDY POLICE STATION, THRISSUR DISTRICT,
KERALA, PIN - 680307
BY ADV SHEEJO CHACKO
OTHER PRESENT:
SMT. AMMINIKUTTY.K,GOVERNMENT PLEADER
SRI.SHEEJO CHACKO,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.34113 of 2024
JUDGMENT
Dated this the 30th day of September, 2024
The above writ petition is preferred being aggrieved
by the inaction on the part of the respondents in removing the
obstructions to the egress and ingress to the building owned
by the petitioner.
2. The petitioner is the owner of a building, namely
'Godfrey's Arcade', which is rented out by him for commercial
purposes. The petitioner is also occupying certain area of the
said building. For the purpose of parking vehicles, the
petitioner has already earmarked sufficient area to the
building. It is the case of the petitioner that due to
unauthorized parking of auto rickshaws in front of the
building, the petitioner, tenants and the public are unable to
enter into the building and also to the parking space provided
to the building.
3. Aggrieved by the same, the petitioner has
preferred Ext.P3 representation before the 1 st respondent and
copy of the same is served to the other respondents. The
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petitioner confines his prayer for a direction to the
respondents to consider Ext.P3 representation within a time
frame.
4. In this regard, it is also submitted by the counsel
for the 5th respondent that auto stand was in existence for the
last few years, even prior to the construction of the building in
question. This issue also has to be considered by the
respective authority while deciding Ext.P3 representation.
However, the same will not stand in the way of providing
minimum access to the parking space to the petitioner's
building.
5. Considering the limited nature of prayer sought for
in the writ petition, I think this writ petition can be disposed
of.
Therefore, this writ petition is disposed of in the
following manner:
1. The 1st respondent is directed to consider Ext.P3
representation and pass appropriate orders in it,
after affording an opportunity of hearing to all the
affected parties, as expeditiously as possible, at
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any rate, within three months from the date of
receipt of a certified copy of this judgment.
2. In the meanwhile, the respondents shall ensure
that the egress and ingress of the petitioner's
building shall not be obstructed.
sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 34113/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OCCUPANCY CERTIFICATE
ISSUED BY THE CHALAKUDY MUNICIPALITY
DATED 13/06/2023
Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
THE UNAUTHORIZED PARKING OF AUTO
RICKSHAWS IN FRONT OF PETITIONER'S SHOP/
BUILDING
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
06/08/2024 SUBMITTED BEFORE THE
RESPONDENTS
Exhibit P4 TRUE COPY OF THE RECEIPT ISSUED BY THE
OFFICE OF THE DISTRICT COLLECTOR DATED
05/09/2024
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
06/08/2024 SUBMITTED BEFORE THE 2ND AND
3RD RESPONDENTS HAVING ACCEPTANCE SEAL OF
THAT OFFICE, DATED 05/09/2024
Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE
REPRESENTATION SUBMITTED BEFORE THE 4TH
RESPONDENT HAVING ACCEPTANCE SIGNATURE OF
THAT OFFICE DATED 29/08/2024
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY
THE 5TH RESPONDENT DATED 29/08/2024
Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY THE
THRISSUR RURAL DISTRICT OFFICE DATED
06/09/2024
Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE
OFFICE OF CHALAKUDY SUB DIVISIONAL OFFICE
OF POLICE DATED 29/08/2024
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Exhibit P10 TRUE COPY OF THE RECEIPT ISSUED BY THE
8TH RESPONDENT DATED 29/08/2024
