Kerala High Court
Balakrishnan U.K vs State Of Kerala on 11 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 43977 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 43977 OF 2024
PETITIONER/S:
1 BALAKRISHNAN U.K,
AGED 45 YEARS
S/O KRISHNAN, VATTAYAKKATTUVALAPIL HOUSE, VELLARAKKAD,
THRISSUR, PIN - 680584
2 MAGESH K.M,
AGED 33 YEARS
S/O MOHANAN K.A, KOLATHATTIL HOUSE, NAMBAZHIKADU P.O.
MATTAM, THRISSUR, PIN - 680602
3 CHANDRAN K.P,
AGED 50 YEARS
S/O PARANGODAN, KUMMATH HOUSE, ADHOOR, VELLARAKKAD P.O
THRISSUR DISTRICT, PIN - 680584
4 RENJITH M.R,
AGED 37 YEARS
S/O RAMACHANDRAN, MANAMPULLLI HOUSE, THIPILASHERI,
THRISSUR DISTRICT, PIN - 680519
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SUB - INSPECTOR OF POLICE
ERUMAPETTY POLICE STATION, ERUMAPETTY, THRISSUR,
WP(C) NO. 43977 OF 2024
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KERALA, PIN - 680584
3 THE JOINT REGIONAL TRANSPORT OFFICER
SOUHRADA ARCADE, NEAR TALUK OFFICE, VADAKKANCHERRY,
THRISSUR, PIN - 680582
4 KADANGODE GRAMA PANCHAYAT
VELLATHERIADHOOR ROAD, VELLARAKKAD, THRISSUR, KERALA,
PIN - 680584
5 THE SECRETARY
KADANGODE GRAMA PANCHAYAT, VELLATHERI ADHOOR ROAD,
VELLARAKKAD, THRISSUR, KERALA, PIN - 680584
6 SWATHANTHRA AUTO DRIVERS UNION
REPRESENTED BY ITS PRESIDENT MUSTHAFA, THARAVIL HOUSE,
VELLARKKAD, THRISSUR, PIN - 680584
*7 THE TRAFFIC REGULATORY COMMITTEE
KADANGODE GRAMA PANCHAYAT, VELLATHERI ADHOOR ROAD,
VELLARAKKAD, THRISSUR, REPRESENTED BY THE SECRETARY IS
IMPLEADED AS THE ADDITIONAL 7TH RESPONDENT IN THE WRIT
PETITION AS PER ORDER DT.11.07.25 IN IA NO.2/2025
BY ADVS.
SHRI.R.RAJPRADEEP
SHRI.SACHIN RAMESH
SMT.SREEDEVI S.
GP SMT. JESSY S. SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
WP(C) No. 43977 OF 2024
-----------------------------------------
Dated this the 11th day of July, 2025
JUDGMENT
The petitioners are conducting various businesses in
the shop rooms owned by them in Ward No.IX within the 4 th
respondent Panchayat. The petitioners are aggrieved by the
indiscriminate parking of the autorickshaws by the members
of the 6th respondent Union, who are obstructing the free
ingress and egress to the petitioners' shop rooms. Even
though the petitioners have submitted complaints before the
respondents 1 to 5, no effective action has been taken in the
matter. The highhanded action of the members of the 6th
respondent, is an infringement of the petitioners' right to do
business. Therefore, the additional 7 th respondent may be
directed to take action in the matter.
2. Heard; the learned counsel for the petitioners, the
learned Government Pleader, learned Standing Counsel
appearing for the respondents 4, 5 and 7. Although notice has
been served on the 6th respondent, there is no appearance for
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them.
3. The petitioners' grievance is that the members of
the 6th respondent are indiscriminately parking their
autorickshaws in front of the petitioners' shop rooms and
causing obstruction to the free entry to their shop rooms.
4. Section 72 of the Kerala Police Act 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 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,
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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".
The question regarding applicability of Section 72 of
the Kerala Police Act in matters of such 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 above decisions rule the roost. In light of
the above exposition of law and the contentions raised in the
writ petition, I dispose of this writ petition, by permitting the
petitioners to submit a complaint before the additional 7 th
respondent within two weeks from from today. If such a
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complaint is filed, the additional 7 th respondent shall consider
and dispose of the same, in accordance with law, at any rate,
within 60 days from the date of receipt of the complaint, after
affording the petitioners and the representative of the 6 th
respondent Union an opportunity of being heard.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/11.07.25
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APPENDIX OF WP(C) 43977/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE MANNER
OF PARKING OF AUTO RICKSHAWS BY MEMBERS OF 6TH
RESPONDENT UNION BEFORE THE PETITIONER'S SHOP
Exhibit P2 A TRUE COPY OF THE REPLY SENT BY THE 5TH RESPONDENT
DATED 17.09.2016
Exhibit P3 A TRUE COPY OF THE REPLY DATED 20.11.2019 ISSUED BY
THE ASSISTANT ENGINEER, KUNNAMKULAM
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED 03.12.2019
SUBMITTED UNDER RTI ACT BY THE PETITIONER BEFORE THE
5TH RESPONDENT
Exhibit P5 A TRUE COPY OF THE REPLY SENT BY THE 5TH RESPONDENT
DATED 01.01.2020
Exhibit P6 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER IN WPC 7443/2020 OF
THIS HON'BLE COURT DATED 11.03.2020
Exhibit P8 A TRUE COPY OF THE ORDER OF THE APPELLATE
AUTHORITY/REGIONAL TRANSPORT OFFICER DATED
23.01.2023
Exhibit P9 A TRUE COPY OF THE MINUTES OF THE MEETING DATED
14.08.2020 OF THE TRAFFIC REGULATORY AUTHORITY
Exhibit P10 A TRUE COPY OF THE JUDGMENT IN WPC 7443/2020 OF THIS
HON'BLE COURT DATED 18.12.2023
Exhibit P11 A TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONERS DATED 09.08.2024 BEFORE THE 5TH
RESPONDENT
Exhibit P12 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ROAD
MARGIN AND THE MANNER OF PARKING OF AUTO RICKSHAW IN
FRONT OF THE SHOP ROOMS OF THE PETITIONERS
RESPONDENT EXHIBITS
Exhibit R5(b) A copy of the Minutes of the TRC dated 05.09.2023
Exhibit R5(c) A copy of the Minutes of the TRC dated 24.06.2024
Exhibit R5(d) A copy of the complaint filed before the 5th
Respondent by the auto rikshaw drivers dated
18.01.2025
Exhibit R5(a) A copy of the counter affidavit filed in
WP(C).No.7443/2020 by the 4th respondent without
Exhibits
