Kerala High Court
Eldho Varghese vs The Secretary, Vengoor Grama Panchayat on 20 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 44144 OF 2024 1
2025:KER:44412
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 20TH DAY OF JUNE 2025 / 30TH JYAISHTA, 1947
WP(C) NO. 44144 OF 2024
PETITIONERS:
1 ELDHO VARGHESE,
AGED 56 YEARS
KADUVETTIYIL HOUSE, VENGOOR P. O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683546
2 SARAMMA VARGHESE,
AGED 83 YEARS
KADUVETTIYIL HOUSE, VENGOOR P. O., PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683546
3 P. I. MATHEW,
AGED 62 YEARS
SON OF IYPE, PANTHALANGAL HOUSE, VENGOOR P. O.,
PERUMABVOOR,EMAKULAM DISTRICT, PIN - 683546
4 V.C. GEORGE,
AGED 65 YEARS
SON OF CHACKO, VEEPPANATTU HOUSE, VENGOOR P. O..
PERUMBAVOOR, ERAKULAM DISTRICT, PIN - 683546
5 T.K. JOSEPH,
AGED 62 YEARS
SON OF KORAH, THANNIKOOTTU HOUSE, CHOONDAKUZHY P. O.,
ERNAKULAM DISTRICT, PIN - 683546
6 T.K. GEORGE,
AGED 65 YEARS
SON OF KORAH, THANNIKOOTTU HOUSE, CHOONDAKUZHY P. O.,
ERNAKULAM DISTRICT, PIN - 683546
7 BIJU AUGUSTINE,
AGED 56 YEARS
SON OF AUGUSTHY, KALLOOKARAN HOUSE, THURAVOOR P. O.,
ANGAMALI, ERNAKULAM DISTRICT, PIN - 683572
WP(C) NO. 44144 OF 2024 2
2025:KER:44412
BY ADVS.
SRI.BASIL MATHEW
SRI.NINAN JOHN
SMT.SANJANA SARA VARGHESE ANNIE
SMT.ARYA A.R.
RESPONDENTS:
1 THE SECRETARY, VENGOOR GRAMA PANCHAYAT,
CHOORATHODE, VENGOOR P. O., KURUPPAMPADI ROAD,
ERNAKULAM DISTRICT, PIN - 683546
2 THE STATION HOUSE OFFICER,
KURUPPAMPADY POLICE STATION, KURUPPAMPADY P. O.,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683545
3 SUB REGIONAL TRANSPORT OFFICER - PERUMBAVOOR,
MUNICIPAL SHOPPING COMPLEX BUILDING, PATTAL,
IRINGOLE P. O, SH 16, ERNAKULAM DISTRICT, PIN - 683545
4 ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB
DIVISIONS, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN -
683542
5 STATE OF KERALA,
STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER, HIGH
COURT OF KERALA, PIN - 682031
6 T.V. GEEVARGHESE
THANNIKKOTTU HOUSE, VENGOOR P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT
[IS IMPLEADED AS ADDL R6 AS PER ORDER DATED 13.2.2025
IN IA 1/2024 IN THE WP(C).]
7 JOSEPH K.V.
KALLUNGAL HOUSE, VENGOOR P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT
[IS IMPLEADED AS ADDL R7 AS PER ORDER DATED 13.2.2025
IN IA 1/2024 IN THE WP(C).]
WP(C) NO. 44144 OF 2024 3
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8 DISTRICT TRAFFIC REGULATORY AUTHORITY
COLLECTORATE, KAKKANAD, KOCHI, ERNAKULAM DISTRICT
[IS IMPLEADED AS ADDL R8 AS PER ORDER DATED 13.2.2025
IN IA 1/2024 IN THE WP(C).]
GP SMT DEEPA V
SC SRI V RAJENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44144 OF 2024 4
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JUDGMENT
Dated this the 20th day of June, 2025
The writ petition is filed to direct the respondents to
remove all the autorickshaws unauthorisedly parked in front
of the petitioners' building on the Kuruppampadi-
Panamkuzhi PWD road in Vengoor, Perumbavoor.
2. The petitioners have business establishments on the
above-named road. The additional respondents 6 and 7, and
similarly situated persons, are indiscriminately parking their
autorickshaws on the road, obstructing the free ingress and
egress to the petitioners' establishments. Ventilating their
grievances, the petitioners have submitted Ext.P11
complaint before the respondents 1 to 4. But nothing has
been done in the matter. Hence, the writ petition.
3. Heard; the learned counsel for the petitioners, the
learned Government Pleader and the learned Standing
Counsel appearing for the 1st respondent - Panchayat.
4. The dispute centres on the alleged indiscriminate
parking of the autorickshaws by the party respondents and
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similarly placed persons. Even though the petitioners have
made complaints before the respondents 1 to 4, the
complaints have not been acted upon.
5. In the above factual situation, it is apposite to refer
to Section 72 of the Kerala Police Act, which 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, 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
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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".
6. The question regarding the applicability of Section
72 of the Kerala Police Act in matters of the above nature is
no longer res integra in view of the categoric declaration of
law laid down by this Court in Sreekumaran Nair T.S. vs.
Neyyattinkara Municipality [ 2023 KHC OnLine 10345].
The said decision is rendered by relying on the Division
Bench decision of this Court in Noushad M. and others vs.
State of Kerala and others [2019 (2) KHC 562].
7. In light of the above exposition of law, I dispose of
the writ petition in the following manner:
(i) The 1st respondent is directed to forthwith forward
Ext.P11 complaint to its Traffic Regulatory Committee.
(ii) On receipt of Ext.P11 complaint, the Traffic
Regulatory Committee, shall consider the complaint,
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in accordance with law and as expeditiously as
possible, at any rate, within one month from the date
of receipt of the complaint, after affording the
petitioners and the party respondents an opportunity
of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
AJ
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APPENDIX OF WP(C) 44144/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583 OF VENGOOR GRAMA PANCHAYAT, ISSUED
BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(a) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/A OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(b) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/B OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(c) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/C OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(d) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/D OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(e) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/E OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(f) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/F OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(g) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/G OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(h) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/583/H OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
Exhibit P1(i) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/582/A OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY THE RESPONDENT NO.1 TO PETITIONER NO.1.
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Exhibit P2 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/580 OF VENGOOR GRAMA PANCHAYAT, ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.2.
Exhibit P2(a) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/580/A OF VENGOOR GRAMA PANCHAYAT,
ISSUED BY RESPONDENT NO.1 TO PETITIONER NO.2.
Exhibit P2(b) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/581 OF VENGOOR GRAMA PANCHAYAT, ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.2.
Exhibit P2(c) THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/582 OF VENGOOR GRAMA PANCHAYAT, ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.2.
Exhibit P3 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/579 OF VENGOOR GRAMA PANCHAYAT, ISSUED
BY THE RESPONDENT NO.1 TO PETITIONER NO.3
Exhibit P4 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/578 OF VENGOOR GRAMA PANCHAYAT ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.4
Exhibit P5 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/577 OF VENGOOR GRAMA PANCHAYAT ISSUED
Exhibit P6 THE TRUE COPY OF THE BUILDING TAX RECEIPT FOR THE
DOOR NO. IX/576 OF VENGOOR GRAMA PANCHAYAT ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.6
Exhibit P6(a) THE TRUE COPY OF THE BUILDING TAX RECEIPTS FOR THE
DOOR NO. IX/574 OF VENGOOR GRAMA PANCHAYAT ISSUED
BY RESPONDENT NO.1 TO PETITIONER NO.6
Exhibit P7 THE TRUE COPY OF LEASE DEED DATED 12.8.2024
EXECUTED IN FAVOUR OF THE 7TH PETITIONER
Exhibit P8 THE PHOTOGRAPH SHOWING UNAUTHORISED PARKING OF
AUTORICKSHAWS IN FRONT OF THE LINE BUILDING
Exhibit P8(a) THE PHOTOGRAPH SHOWING UNAUTHORISED PARKING OF
AUTORICKSHAWS IN FRONT OF THE LINE BUILDING
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Exhibit P8(b) THE PHOTOGRAPH SHOWING UNAUTHORISED PARKING OF
AUTORICKSHAWS IN FRONT OF THE LINE BUILDING
Exhibit P9 THE TRUE COPY OF LETTER BEARING NO. PZ-663/2022
DATED 06.07.2024 ISSUED BY RESPONDENT NO.4 TO THE
FIRST PETITIONER
Exhibit P10 THE TRUE COPY OF LETTER BEARING NO. SC 2 2110/2024
DATED 18.07.2024 ISSUED BY RESPONDENT NO.1 TO THE
FIRST PETITIONER
Exhibit P11 THE TRUE COPY OF THE COMPLAINT DATED 12.10.2024,
SENT TO THE RESPONDENTS 1 TO 4, BY THE
PETITIONERS.
Exhibit P12 THE TRUE COPY OF REPLY LETTER BEARING NO.
00602/RPCS03/GPO/2024/3461 DATED 29.10.2024 ISSUED
BY RESPONDENT NO.1 TO THE FIRST PETITIONER
