Kerala High Court
Karmachandran vs The Secretary, Edamulackal Grama ... on 3 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 559 OF 2023 1
2025:KER:48791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 559 OF 2023
PETITIONERS:
1 KARMACHANDRAN,
AGED 59 YEARS
S/O.CHELLAPPAN PILLAI, KARTHIKA, NEERAYIKODU, AYUR
P.O., KOLLAM DISTRICT, PIN - 691533
2 CHAND MOHAN,
AGED 55 YEARS
S/O CHANDRASHEKHARAN UNNITHAN,CHANDNI MANDIRAM,
AYANIKKATTUKONAM,MADAVOOR, THIRUVANANDAPURAM, NOW
RESIDING AT HOUSE NO. 698, AYURMURI, EDAMULACKAL
PANCHAYATH,PUNALOOR TALUK, PIN - 691533
3 INDIRA B,
AGED 70 YEARS
W/O BHASKARAN PILLA, VAISAKAM, CHADAYAMANGALAM
P.O., KOLLAM DISTRICT, PIN - 691533
BY ADVS.
SRI.ALEXANDER GEORGE
SMT. SOUMYA FRANCIS
SMT.T.P.AISWARYA
RESPONDENTS:
1 THE SECRETARY, EDAMULACKAL GRAMA PANCHAYATH,
EDAMULACKAL, KOLLAM DISTRICT, PIN - 691306
2 THE CIRCLE INSPECTOR OF POLICE,
CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534
3 WILSON MATHEW,
AGED 47 YEARS
WP(C) NO. 559 OF 2023 2
2025:KER:48791
S/O MATHEW, BUILDING NO.XV/548,AYOOR- PLAVARA ROAD,
AYOOR P.O.,ELAMULAKKAL VILLAGE, KOLLAM DISTRICT,
OWNER OF VAROOR PROVISIONS STORE, PIN - 691533
4 SOMAN @ CHANDRAKUMAR,
S/O KRISHNANKUTTY, EDAMULAKKAL PANCHAYATH,AYOOR-
PLAVARA ROAD, AYOOR P.O.,EDAMULAKKAL VILLAGE,
KOLLAM DISTRICT, RUNNING A WHOLESALE BUSINESS IN
THE NAME AND STYLE OF KUMAR STORES IN BUILDING NO.
XV/556 TO 562 OWNED BY USHA DEVI, PIN - 691533
5 THE CHAIRMAN,
TRAFFIC REGULATORY COMMITTEE OF EDAMULAKKAL GRAMA
PANCHAYAT, EDAMULACKAL, KOLLAM DISTRICT, PIN -
691306. [ADDL.R5 IS IMPLEADED AS PER ORDER DATED
09/03/2023 IN I.A-1/2023 IN WP(C) 559/2023]
BY ADVS.
SHRI.MANOJ RAMASWAMY, SC, EDAMULACKAL GRAMA
PANCHAYAT
SRI.K.SIJU
SRI.A.MUHAMMED RAFFI
SMT.ANJANA KANNATH
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 559 OF 2023 3
2025:KER:48791
C.S.DIAS, J.
---------------------------------------
WP(C) NO. 559 OF 2023
-----------------------------------------
Dated this the 3rd day of July , 2025
JUDGMENT
The writ petition is filed to direct the
respondents 1 and 2 to remove the unauthorised
parking on the Palvara road at Ayoor junction situated
within the 1st respondent -Panchayat.
2. The petitioners contend that the
respondents 3 and 4 are indiscriminately parking
their vehicles on the above road and causing
obstruction to the petitioners.
3. In the statement filed by the 1st respondent,
it is stated that the above road is in Ward No.15 of
the 1st respondent - Panchayat. The road is included
in the Panchayat Road Register. The Panchayat has
not permitted for the establishment of any parking
stand on the above road. Even though the Panchayat
2025:KER:48791
had issued notices to the respondents 3 and 4,
directing them not to obstruct the public pathway,
they have failed to adhere to the directions. The
Panchayat is taking appropriate action to ensure that
the respondents 3 and 4 do not indiscriminately park
their vehicle on the road.
4. The respondents 3 and 4 in their counter
affidavit have stated that, the Traffic Regulatory
Committee, which is the statutory authority to
consider complaints of such nature, is not a party in
the writ petition. The petitioners 2 and 3 are not even
residing in the above ward. Moreover, the road in
question is a private road and the petitioners cannot
prevent the respondents 3 and 4 from parking their
vehicles on the road.
5. When the writ petition came up for
consideration on 09.03.2023, this Court impleaded the
Traffic Regulatory Committee as the additional 5th
2025:KER:48791
respondent in the writ petition.
6. The petitioners grievance is that, the
respondents 3 and 4 are indiscriminately parking the
vehicles on a public road and causing obstruction to
the petitioners' free ingress and egress.
7. Section 72 of the Kerala Police Act 2011, reads
as follows:
"72 Traffic Regulatory Committees
(1) In every Grama Panchayath, Municipality and
Corporation Traffic Regulatory Committees shall be
constituted as may be prescribed, for regulating matters
in respect of traffic
(2) The concerned head of the Local Government
institution shall be the Chariman of the Traffic
Regulatory Committee and the nominees of the District
Magistrate, the District Police Chief, the Regional
Transport Officer and the Executive Engineer of Public
Works Department shall be the members of the said
Committee.
(3) The Traffic Regulatory Committee shall issue orders,
not inconsistent with the provisions of the Motor
Vehicles Act, 1988 (Central Act 59 of 1988) and the
Kerala Road Safety Act, 2007 (Act 8 of 2007) and the
rules made thereunder, for preventing danger,
obstruction and inconvenience caused to the general
public in respect of traffic in the following matters. Such
orders issued shall be complied with by the Government
Departments concerned, the officers and the general
public, namely :-
(a) regulate the manner and time of traffic of all kinds in
public places;
(b) regulate the gateways, festoons, banners, hoardings,
signs, re Presentations, illuminated displays,
construction activity, trade, welding, environmental
2025:KER:48791
pollution, nuisance by noise, blasting of rocks, mining,
bursting of crackers, flying of kites and fireworks etc ,
seen in any property m the manner having the
possibility of distracting attention of the public road
users or causing danger to them;
(c) regulate the manner and mode of conveyance of
timber, poles, ladders, iron girders, beams, iron bars,
boilers, hay, soil and articles difficult in handling, etc
along the streets;
(d) regulate the carrying of any explosive substances or
hazardous chemicals along public places which may
cause danger to road users;
(e) close certain streets or instruct that no one shall
enter in certain places under circumstances that there is
reasonable apprehension of danger from buildings
which are on the verge of collapse or due to other
reasons;
(f) regulate the manner and means of entry from streets
and public places to private buildings and places
situated on the road side;
(g) fix the manner in which the members of the general
public may voluntarily assist in traffic management
without causing any financial liability in that respect to
the State or the Police Department".
8. The question regarding applicability of Section 72 of
the Kerala Police Act in matters of above nature is no
longer resintegra in view of the categoric declaration of
law by this Court in Sreekumaran Nair T.S. vs.
Neyyattinkara Municipality [ 2023 KHC OnLine
10345], which in turn is passed by relying on a Division
Bench decision of this Court in Noushad M. and others
vs. State of Kerala and others [2019 (2) KHC 562]. The
2025:KER:48791
exposition of the law in the above decisions rules the
roost.
In the aforesaid circumstances, I am of the view
that the grievance projected in the writ petition is to be
considered by the additional 5th respondent. Accordingly,
I dispose of the writ petition, by permitting the
petitioners to file a complaint before the additional 5th
respondent within four weeks from today. If such
complaint is filed along with a copy of this judgment,
the additional 5th respondent shall consider the said
complaint, in accordance with law and as
expeditiously as possible, at any rate, within 60 days,
after affording the petitioners and the respondents 4
and 5 an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
SCB.03.07.25. C.S.DIAS, JUDGE
2025:KER:48791
APPENDIX OF WP(C) 559/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PETITION SUBMITTED
BY THE PETITIONERS BEFORE THE SECRETARY
OF EDAMULACKAL GRAMA PANCHAYATH AND THE
RECEIPT DATED 05.12.2022
Exhibit P2 THE TRUE COPY OF THE PETITION SUBMITTED
BY THE PETITIONERS BEFORE THE CIRCLE
INSPECTOR OF POLICE, CHADAYAMANGALAM AND
THE RECEIPT DATED 05.12.2022
Exhibit P3 THE PHOTOGRAPHS WERE TAKEN BY THE
PETITIONERS
RESPONDENT EXHIBITS
Exhibit.R3(a) The copy of sale deed No.2579/1995 dated
8.6.1995 executed in favour of the wife
of the 4th respondent
Annexure R1 (a) True copy of the Asset Register of the
panchayat (relevant page)
Annexure R1 (b) True copy of the notice vide
no.400300/DGCG03/GPO/2022/9391(1) dated
30.12.2022 issued by the 1st respondent
to the 3rd respondent
Annexure R1 (c) True copy of the notice vide
no.400300/DGCG03/GPO/2022/9391(2) dated
30.12.2022 issued by the 1st respondent
to the 4th respondent
Annexure R1 (d) True copy of the letter vide
no.400300/DGCG03/GPO/9391(3) dated
30.12.2022 issued by the 1st respondent
to the petitioner
Annexure R1 (e) True copy of the reply 06.01.2023
submitted by the 3rd respondent before
the 1st respondent
Annexure R1 (f) True copy of the Reply 06.01.2023
submitted by the 4th respondents before
the 1st respondent
