Kerala High Court
Usman Haji vs State Of Kerala on 22 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 39748 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 39748 OF 2024
PETITIONERS:
1 USMAN HAJI,
AGED 61 YEARS
S/O.MUHAMMED, CHARALPEEDIKAYIL HOUSE, KUMARANELLOOR
P O., THRISSUR DIST., PIN - 680590
2 VIJUMON,
AGED 45 YEARS
S/O VIJAYAN, KANDARASSERY HOUSE, PORAVUR, KARIKKAD P
O., THRISSUR DIST., PIN - 680519
3 ABDUL JALEEL,
AGED 61 YEARS
S/O MUHAMMED, SOURIANPARAMBIL HOUSE, PANGATTUKARA P
O, THISSUR DIST., PIN - 680623
4 ABDUL LATHEEF C.M.,
AGED 50 YEARS
S/O.C.K.MOIDEENKUTTY, CHAMAPARAMBIL HOUSE,
VAZHALIPADAM, THOZHUPADAM P O,THRISSUR DIST., PIN -
680586
BY ADVS.
SHRI.A.N.SATHISH KUMAR
SHRI.T.A.NIYAS
SMT.SUJATHA E.R.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIATE,
WP(C) NO. 39748 OF 2024
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TRIVANDRUM, PIN - 695005
2 THE WADAKANCHERY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, WADAKKANCHERY P
O.,THRISSUR DIST., PIN - 680582
3 THE SUB INSPECTOR OF POLICE,
WADAKKANCHERY POLICE STATION, WADAKKANCHERY P O.,
THRISSUR DIST., PIN - 680582
4 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, WADAKKANCHERY P O.,
THRISSUR DIST, PIN - 680582
5 THE TRAFFIC REGULATORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN, WADAKKANCHERY
MUNICIPALITY, WADAKKANCHERY P O, THRISSUR DIST, PIN
- 680582
6 POULOSE,
FATHER S NAME NOT KNOWN,PALATHIL HOUSE,
KANJIRAKKODE, KUMBALANGAD, THRISSUR, PIN - 680582
ADDL.R7 CENTRE OF INDIAN TRADE UNIONS (CITU) WADAKKANCHERRY
THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY PIN-
680582
ADDL.R8 SURESH C
MUNDAKATHIL HOUSE, KUMARANELLUR P. O, WADAKKANCHERY,
THRISSUR DISTRICT ,PIN-680590
ADDL.R9 GIRISH MU
MULLAKKAL HOUSE, KUMARANELLUR P. O, OTTUPARA,
THRISSUR DISTRICT, PIN-680590
ADDL.R10 JOHNSON P V
PUTHUR, KUNDANNUR P. O, THRISSUR DISTRICT PIN-680590
ADDL.R11 SASI E A
ENNAZHIYIL HOUSE, VARAVOOR P O, THRISSUR DISTRICT
PIN-680585
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ADDL.R12 RAJU T P
THENNADITHARA HOUSE, KUMARANELLUR P. O, THRISSUR
DISTRICT PIN-680590
ADDL.R13 UNNIKUTTAN N S
NAYARUVEETIL HOUSE, KUMARANELLUR P. O, OTTUPARA,
THRISSUR DISTRICT PIN-680590
ADDL.R14 ANILKUMAR K R
KOTTAYIL HOUSE, ENKAKAD P. O, MANKARA, THRISSUR
DISTRICT PIN-680590
ADDL.R15 SUNEESH K V
KOLADI HOUSE, KUMARANELLUR. P. O,OTTUPARA, THRISSUR
DISTRICT,PIN-680590
ADDL.R16 BABU M R
MULLAKKAL HOUSE, KANJIRAKODE P. O, WADAKANCHERY,
THRISSUR DISTRICT,PIN-680589 .
ADDITIONAL R7 TO ADDL R16 ARE IMPLEADED AS PER THE
ORDER DATED 16/10/2025 IN I.A 3/25 IN WP(C)397482024
BY ADVS.
SHRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA S.BABU
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
---------------------
W.P.(C).No.39748 of 2024
---------------------------
Dated this the 22nd day of October, 2025
JUDGMENT
This writ petition is filed with the following prayers:-
"i. issue a writ of Mandamus or any other appropriate
writ, order or directions commanding the respondents
2 to 5 to take appropriate action for preventing
unauthorised parking of autorickshaws by 6th
respondent and other autorickshaw drivers in front of
petitioners' shop rooms or against using the said
space either as an autorickshaw stand or parking
place, in the interest of justice.
ii. Issue a writ of mandamus or any other appropriate
writ, order or direction commanding respondents 2 to
5 to consider Exhibit P15 representation and take
action thereon a time bound basis.
iii. To dispense with filing of translation of vernacular
documents in the interests of justice.
iv. Granting such other relief or reliefs as are prayed
for the petitioners during the course of this writ
petition and which are deemed necessary by this
Honourable Court." (SIC)
2. Aggrieved by Ext.P14 by which a parking space is
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allotted in front of the petitioners' building, the petitioners
submitted Ext.P15 representation before the 5 th respondent.
The same is not considered, is the grievance.
3. Heard the learned counsel for the petitioners, the
learned Standing Counsel appearing for the Municipality, the
learned Government Pleader and also the learned counsel
appearing for the party respondents.
4. After hearing both sides, I am of the considered
opinion that this writ petition need not be retained here. There
can be a direction to the 5th respondent - Traffic Regulatory
Committee to consider Ext.P15 with notice to the petitioners
and all other affected parties.
Therefore, this Writ Petition is disposed of with the
following directions:
a) The 5th respondent is directed to consider
Ext.P15, after giving an opportunity of hearing
to the petitioners and all other affected parties
including the party respondents herein, as
expeditiously as possible, at any rate, within six
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weeks from the date of receipt of a certified
copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 22/10/25
Judgment dictated 22/10/25
Draft Judgment placed 22/10/25
Final Judgment uploaded 23/10/25
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APPENDIX OF WP(C) 39748/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE STATUTORY LICENSE DATED
16-06-2022 ISSUED BY THE 2ND RESPONDENT TO
THE 1ST PETITIONER .
EXHIBIT P2 A TRUE COPY OF THE STATUTORY LICENSE DATED
17-06-2022 ISSUED BY THE THE 2ND RESPONDENT
TO THE 2ND PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE STATUTORY LICENSE DATED
30-09-2021 ISSUED BY THE 2ND RESPONDENT TO
THE 3RD PETITIONER.
EXHIBIT P 4 TRUE COPY OF THE STATUTORY LICENSE ISSUED
BY THE 2ND RESPONDENT TO THE 4TH PETITIONER
.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 16-09-
2022 ISSUED TO THE 1ST PETITIONER BY THE
2ND RESPONDENT .
EXHIBIT P6 TRUE COPY OF THE LIST OF PARKING PLACES AND
THE NAMES OF AUTO RICKSHAW DRIVERS WHO ARE
PERMITTED TO PARK IN THE RESPECTIVE PARKING
PLACES
EXHIBIT P 7 TRUE COPY OF THE COMPLAINT DATED 17-08-2022
LODGED BY THE 1ST PETITIONER WITH THE 3RD
RESPONDENT.
EXHIBIT P 8 THE RECEIPT ACKNOWLEDGING ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P 9 A TRUE COPY OF THE COMPLAINT FILED BY THE
1ST PETITIONER BEFORE THE 4TH RESPONDENT
DATED 22.8.22
EXHIBIT P10 A TRUE COPY OF THE COMPLAINT DATED 22-08-
2022.1ST PETITIONER FILED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
DATED 22.8.22 .
EXHIBIT P12 THE ORIGINAL TWO PHOTOGRAPHS EVIDENCING THE
UNAUTHORIZED PARKING OF AUTORICKSHAWS IN
FRONT OF THE SHOP ROOMS OF THE PETITIONERS.
EXHIBIT P 13 TRUE COPY OF THE JUDGMENT IN WPC
35564/2022.DATED 9.2.2023
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EXHIBIT P14 TRUE COPY OF THE RESOLUTION DATED 09-01-
2023 PASSED BY THE 2ND RESPONDENT WITH
TYPED COPY
EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED
28.10.2024 SUBMITTED BY THE 1ST PETITIONER
TO THE RESPONDENTS 1 TO 4 .
