Kerala High Court
Kunhi Moideen vs The District Collector Palakkad on 7 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 16777 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
WP(C) NO. 16777 OF 2024
PETITIONER/S:
KUNHI MOIDEEN,
AGED 61 YEARS
VALLAPUZHA P.O., OTTAPALAM, PALAKKAD DISTRICT., PIN -
679336
BY ADVS.
SRI.SAIJO HASSAN
SMT.MEERA J. MENON
SHRI.ASWIN K.R.
SHRI.SANGEETH MOHAN
SHRI.ABRAHAM J. KANIYAMPADY
RESPONDENT/S:
1 THE DISTRICT COLLECTOR PALAKKAD,
COLLECTORATE, CIVIL STATION, PALAKKAD DISTRICT, PIN -
678001
2 THE STATION HOUSE OFFICER,
OTTAPALAM POLICE STATION, RAILWAY STATION ROAD,
OTTAPALAM , PALAKKAD DISTRICT, PIN - 679101
3 OTTAPALAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY OTTAPALAMMUNICIPALITY,
THOTTAKKARA P.O. OTTAPALAM, PALAKKAD DISTRICT, PIN -
679102
4 THE JOINT RTO,
REGIONAL TRANSPORT OFFICE OTTAPALAM KANNIYAMPURAM,
OTTAPALAM, PALAKKAD, PIN - 679521
5 PUBLIC WORKS DEPARTMENT,
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REPRESENTED BY ITS EXECUTIVE ENGINEER, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679102
6 TRAFFIC REGULATORY COMMITTEE ( SOUGHT TO BE
IMPLEADED )
OTTAPALAM MUNICIPALITY OFFICE OF THE OTTAPALAM
MUNICIPALITY, OTTAPALAM, REPRESENTED BY THE CHAIRMAN (
SOUGHT TO BE IMPLEADED )
7 MANIKANDAN M ( SOUGHT TO BE IMPLEADED )
MENAKATH HOUSE, SOUTH PANAMANNA, OTTAPALAM ( SOUGHT TO
BE IMPLEADED )
BY ADVS.
SRI.VINOD MADHAVAN
SRI.M.V.BOSE
SMT.DEVI P.
SMT.SANIYA C.V.
SRI.P.JAYARAM
OTHER PRESENT:
GP SRI K M FAIZAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
WP(C) No.16777 OF 2024
-----------------------------------------
Dated this the 7th day of July, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1
and 2 to remove the unauthorised parking of the
autorickshaws in front of the petitioner's shopping complex.
The petitioner is the owner of JrJ Complex and Enterprises,
which is situated within the territorial limits of the 3 rd
respondent Municipality. The additional 7 th respondent and
similarly placed persons are indiscriminately parking their
autorickshaws in front of the petitioner's shopping complex
and causing obstruction to the free ingress and egress of the
petitioner's customers. Even though the petitioner has
submitted Ext.P6 complaint before the 1 st respondent, no
action has been taken in the matter. The inaction on the part
of the respondents 1 to 5 is arbitrary and illegal. Hence, the
writ petition.
2. When the writ petition came up for consideration
on 18.11.2024, this Court had directed that the Traffic
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Regulatory Committee be impleaded as an additional
respondent in the writ petition. Consequently, the additional
6th respondent has been impleaded.
3. Heard; the learned counsel for the petitioner and
the learned Government Pleader.
4. In the counter affidavit filed by the 3 rd respondent,
he has stated that the writ petition is bad for non-joinder of
necessary parties since the autorickshaw drivers and
affected parties have not been arrayed as parties in the writ
petition. The shop owners of the complex have not filed any
representation before the Municipality. The Traffic
Regulatory Committee is the competent statutory authority
to take a decision in the matter.
5. The petitioner's grievance is that the 7 th
respondent and similarly placed persons are indiscriminately
parking their vehicles on a public road and causing
obstruction to the petitioner's customers free ingress and
egress to the shopping complex.
7. Section 72 of the Kerala Police Act 2011, reads as
follows:
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"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 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
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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 res integra 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 exposition of the law in the above
decisions rules the roost.
In the aforesaid circumstances, I am of the view that
the grievance projected by the petitioner is to be considered
by the additional 6th respondent. Accordingly, I dispose of
the writ petition, by permitting the petitioner to file a
complaint before the additional 6th respondent within four
weeks from today. If such complaint is filed along with a
copy of this judgment, the additional 6 th respondent shall
consider the said complaint in accordance with law, and as
expeditiously as possible, at any rate within 60 days from the
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date of production of a copy of the judgment, after affording
the petitioner, additional 7th respondent and similarly placed
autorickshaw drivers an opportunity of being heard.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/07.07.25
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APPENDIX OF WP(C) 16777/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
23.04.2024
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 18.02.2021
Exhibit P3 TRUE COPY OF THE LOCATION SKETCH ISSUEED TO
THE PETITIONER BY THE VILLAGE OFFICER
OTTAPALAM-11
Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS THAT SHOWS
UNAUTHORISED PARKING OF AUTO RICKSHAWS
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH OF NO-PARKING
SIGN BOARD
Exhibit P6 TRUE COPY OF THE COMPLAINT DATED NIL
PREFERRED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
