Kerala High Court
P A Mohamed Hazeem vs State Of Kerala on 12 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:67960
WP(C) NO. 17543 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 17543 OF 2025
PETITIONERS:
1 P A MOHAMED HAZEEM,
AGED 60 YEARS
S/O P.K ABDUL SALAM, PADIYATH MANAPPAT, MADAVANA
P.O, KODUNGALLOOR, PIN - 680666
2 NIAZUL HAQUE P.A.,
AGED 49 YEARS
S/O P.K ABDUL HAQUE, MANAPPADANS, SOUTH NADA,
KODUNGALLOOR, PIN - 680666
3 SUBAIDA SALAM,
AGED 77 YEARS
W/O P.K ABDUL SALAM, PADIYATH MANAPPAT, MADAVANA
P.O, KODUNGALLOOR, PIN - 680666
BY ADVS.
SMT.REHANA SHUKKUR
SRI.ARUN P. ANTONY
SHRI.SHEHSAD A.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, STATE
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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WP(C) NO. 17543 OF 2025
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2 THE SECRETARY,
KODUNGALLUR MUNICIPALITY,MUNICIPAL OFFICE,
KODUNGALLUR,THRISSUR DISTRICT, KERALA,INDIA, PIN -
680664
3 THE CHAIRMAN,
TRAFFIC REGULATORY COMMITTEE, KODUNGALLUR
MUNICIPALITY, MUNICIPAL OFFICE,
KODUNGALLUR,THRISSUR DISTRICT, KERALA,INDIA, PIN -
680664
4 THE DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE,THRISSUR, KERALA, INDIA,
PIN - 680003
5 THE DISTRICT CHIEF POLICE OFFICER,
THRISSUR, KALYAN NAGAR, AYYANTHOLE, THRISSUR,
PORATHISSERY, KERALA, PIN - 680003
6 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB-REGIONAL TRANSPORT OFFICE,2ND FLOOR, MINI CIVIL
STATION, STAR NAGAR,KODUNGALLUR, THRISSUR DISTRICT,
PIN - 680664
7 STATION HOUSE OFFICER,
KODUNGALLUR POLICE STATION,KODUNGALLUR PO, THRISSUR
RURAL, KERALA, PIN - 680664
8* RAJESH
S/O.RAJAN, EASWARAMANGALATH HOUSE, P.O.,METHALA,
THRISSUR DIST. 680669
9* MADHUSOODHANAN
S/O. GOPALAN, PANIKKASSERI HOUSE, KANDAMKULAM,
P.O.,METHALA, THRISSUR DIST. 680669
10* ABDUL AZEEZ
S/O. ALIKUNJI, THATTAMPARAMBIL HOUSE, ARATTUVAZHI,
P.O.,ERIYAD,THRISSUR DIST. 680666
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WP(C) NO. 17543 OF 2025
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11* RAMESH
S/O. DINESH, PLAKKAPARAMBIL HOUSE, P.O.ANAPUZHA,
KODUNGALLUR,THRISSUR DIST. 680667
12* RAJAN.P.M.
S/O.MANOHARAN, PAZHUKUNNATH HOUSE,P.O. KODUNGALLUR,
THRISSUR DIST. 680664
13* JEEJO.M.J.
S/O. JOHN, MATTUMPURATH HOUSE, P.O.MADAVANA,
P.O.ERIYAD, THRISSUR DIST. 680666
14* SABAH
S/O.IBRAHIM, PANTHILIPADATH HOUSE, NEAR MIT SCHOOL,
P.O.,METHALA, THRISSUR DIST. 680669
15* UNNIKRISHNAN
S/O.SUBRAMANIAN, THALAPPULLY HOUSE, P.O.,METHALA,
THRISSUR DIST. 680669
16* HARIDAS
S/O. SUKUMARAN, 9/445, CHELATHU HOUSE, , P.O.
EDAVILANGU, THRISSUR DIST., 680669
17* SHAJI.K.K.
S/O. KUNJANDI, KOLLIKKATHARA HOUSE,LOKAMALESWARAM ,
P.O. KODUNGALLUR, THRISSUR DIST. 680664
18* BABU
SADANANDAN, PETTIKATTIL HOUSE, 69/15, MADAVANA,
P.O.ERIYADTHRISSUR DIST. 680666
19* RASHEED.P.A.
S/O. ALIYAR, PANAPARAMBIL HOUSE, MADAVANA.P.O.,
THRISSUR DIST. 680666
20* MUHAMMAD NAVAS
S/O. SAINUDEEN, POYTHAYIL HOUSE, P.O.MADAVANA,
ATHANI, THRISSUR DIST. 680666
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21* ROOPESH
S/O. VIJAYAN, 9/801(8/549), ANDURUTHY HOUSE,
P.O.ERIYAD, THRISSUR DIST. 680666
22* SUNIL BABU
S/O. SIVARAMAN, PAZHUKUNNATH HOUSE, KOZHIKADA, P.O.
PULLUT, THRISSUR DIST 680663
23* MADHUSOOTANAN
S/O. KOCHUKRISHNAN, OLLASSSERY HOUSE,
P.O.EDAVILANGU, KARA, THRISSUR DIST. 680671
24* VINAYAKUMAR
S/O. ARAVINDAKSHAN, CHULLIPARAMBIL HOUSE,
PUTHENTHODU, PORATHISSERY, KARUVANNUR.P.O.,
THRISSUR DIST. 680711
25* BILAL
VALIYAKATH HOUSE ,NEAR CI BAZAR, AZHIKODE,
P.O.ERIYAD, THRISSUR DIST., PIN: 680 666
26* BIBESH
S/O. RAGHU, PARARATH HOUSE, MENONBAZAR,
P.O.AZHIKODE, THISSUR DIST., 680666
27* ANTONY
S/O. CHEEKKAPPAN, MANJALY MANJALYPPALAM HOUSE, P.O.
AZHIKODE, THRISSUR DIST., 680666
28* SUBEESH
S/O.RAVEENDRAN, 345/7, KARINATTU HOUSE,
P.O.MADAVANA ERIYAD, THRISSUR DIST, PIN; 680 666
29* UNNIKRISHNAN
S/O.PONNAPPAN, PUTHUPARAMBIL HOUSE, ANAPUZHA,
P.O.KODUNGALLUR, THRISSUR DIST., 680 664
30* ANIL KUMAR
S/O. MANOHARAN, 18/112A, MURUKKUMTHARAPARAMBIL
HOUSE, AZHIKODE.P.O., 680673.
*ADDL.R8 TO ADDL.R30 ARE IMPLEADED AS PER ORDER
DATED 07.08.2025 IN I.A. 5/2025 IN THE WPC.
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WP(C) NO. 17543 OF 2025
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BY ADVS.
SRI.K.A.NOUSHAD, SC
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
W.P.(C) No.17543 of 2025
-----------------------------------------
Dated this the 12th day of September, 2025
JUDGMENT
The writ petition is filed to direct the 2 nd respondent
to take immediate steps to remove the unauthorised
parking of autorickshaws within the Kodungallur
Municipality.
2. The petitioners are running commercial
establishments within the territorial limits of the
Kodungallur Municipality. Their ingress and egress to the
respective establishments is being obstructed by the
additional respondents 8 to 30. Even though the
petitioners have submitted Ext.P7 representation before
the 3rd respondent-the Traffic Regulatory Committee, no
action has been taken in the matter. In fact, the 5 th
respondent had directed the representatives of the
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WP(C) NO. 17543 OF 2025
autorickshaw unions not to cause any obstruction to the
petitioners' free ingress and egress, they are not adhering
to the directions. The 6th respondent has passed Ext.P9
order directing the 2nd respondent to identify an
alternative for the parking of the autorickshaws. Yet, no
effective action has been taken in the matter. The inaction
on the part of the official respondents is arbitrary and
illegal. Hence, the writ petition.
3. In the counter-affidavit filed by respondents 8 to
30 they have contended that, they are not causing any
obstruction to the petitioners. The autorickshaw stand is
the oldest one in the Kodungallur Municipality. Their
parking place is notified in the contract carriage permit
issued to them, which is evidenced by Ext.R14(b) permit.
The demand raised in Ext.P7 representation is
unsustainable in law. The writ petition is meritless and is
only liable to be dismissed.
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4. Heard; the learned counsel for the petitioners,
the learned Government Pleader, the learned Standing
Counsel appearing for respondents 2 and 3 and the
learned counsel appearing for respondents 14 to 36.
5. The petitioners' grievance is that the party
respondents are indiscriminately parking their
autorickshaws in the public road and causing obstruction
to the petitioners' free ingress and egress to their
establishments.
6. 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 Chairman 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,
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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, representations, 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
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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".
7. 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 direct the the 3 rd
respondent to consider Ext.P7 representation, in
accordance with law and as expeditiously as possible, at
any rate, within 60 days from the date of a production of a
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copy of the judgment, after affording a representative of
the petitioners and a representative of respondents 8 to
30 an opportunity of being heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 17543 OF 2025
APPENDIX OF WP(C) 17543/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
23.10.2024
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
21.04.2025
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT OM 2023-2024
EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH OF THE AUTO
RICKSHAW STAND
EXHIBIT P5 TRUE COPY OF THE RTI APPLICATION FILED BY
THE 1ST PETITIONER TO THE 2ND RESPONDENT
DATED 05.02.2025
EXHIBIT P6 TRUE COPY OF THE REPLY TO THE RTI
APPLICATION FROM THE 2ND RESPONDENT DATED
28.02.2025
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION MADE TO
THE 3RD AND 4TH RESPONDENTS ON DATED
11.03.2025
EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 19.03.2025
EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE 6TH
RESPONDENT TO THE PETITIONER DATED
04.04.2025
RESPONDENT EXHIBITS
EXHIBIT R14(A) THE PHOTOGRAPHS SHOWING THE PARKING OF
CUSTOMERS VEHICLES IN FRONT OF THE SHOPS
AND THE DISTANCE KEPT BY THE
AUTORICKSHAWS PROVIDING ACCESS TO THE
CUSTOMERS TO THE SHOPS
EXHIBIT R14(B) THE TRUE COPY OF THE CONTRACT CARRIAGE
PERMIT OF THE AUTO RICKSHAW OF THE 14TH
RESPONDENT DATED 14.7.2024
EXHIBIT R14(C) THE TRUE COPY OF THE REQUEST SUBMITTED BY
THE AUTO RICKSHAW DRIVERS BEFORE THE
MUNICIPAL COUNCIL DT. 8.7.2025
