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Kerala High Court
Abbas vs District Police Chief (Rural) on 5 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:441
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947
WP(C) NO. 27147 OF 2025
PETITIONER/S:
1 ABBAS
AGED 65 YEARS
RESIDING AT ANWAR MANZIL, ANAKUDI MURI, PANGOD P.O.,
THIRUVANANTHAPURAM (OWNER OF 'AKHILA BUILDING'),
PIN - 691559
2 SHAMEER
AGED 41 YEARS
PROPRIETOR, KOCHUVILA AGENCIES, RESIDING AT
KOCHUVILA VEEDU, ANAKUDI, KOCHALUMOOD,
THIRUVANANTHAPURAM,
PIN - 691559
3 JIHAD
AGED 30 YEARS
PROPRIETOR, SUPER MARKET AND KITCHEN WORLD,
DARL KARAM, PULIPPARA, PANGOD P.O., PIN - 695609
4 SHANAVAS
AGED 39 YEARS
PROPRIETOR, ALLUS FRUITS, RESIDING AT SABEENA
MANZIL, MATHIRA - THOOTIKKAL., PIN - 691536
5 SHEEBA
AGED 43 YEARS
RESIDING AT MULAKITTA KADU NEST, ANAMKUDI MURI,
PANGOD P.O. (SHOP OWNER IN 'AKHILA BUILDING'),
PIN - 691559
BY ADVS.
SMT.ANJALI C.
SMT.C.B.BHAGYALEKSHMY
SMT.BINI KRISHNA
SMT.SUBHAJA P.
SMT.NISHA MATHEW
SHRI.PRAJEESH T.P.
WP(C) NO. 27147 OF 2025 2
2026:KER:441
RESPONDENTS:
1 DISTRICT POLICE CHIEF (RURAL),
OFFICE OF THE DISTRICT POLICE CHIEF, VENJARAMOOD,
THIRUVANANTHAPURAM, PIN - 695607
2 THE STATION HOUSE OFFICER
PANGOD POLICE STATION, PANGOD, THIRUVANANTHAPURAM,
PIN - 695609
3 THE SECRETARY
PANGOD GRAMA PANCHAYATH, PANCHAYATH OFFICE,
PANGOD, THIRUVANANTHAPURAM, PIN - 695609
4 THE CONVENER (JOINT REGIONAL TRANSPORT OFFICER)
TRAFFIC REGULATORY COMMITTEE FOR PANGOD GRAMA
PANCHAYATH OFFICE OF THE JOINT REGIONAL TRANSPORT
OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM,
PIN - 695541
5 THE PRESEDENT ( CHAIRMAN OF THE TRAFFIC REGULATORY
COMMITTEE),
PANGOD GRAMA PANCHAYATH, PANCHAYATH OFFICE,
PANGOD, THIRUVANANTHAPURAM, PIN - 695609
6 N. BABU
SECRETARY, AUTOTAXI & AUTO RIKSHAW UNION (CITU)
SAFALLIAM, BHARATHANNUR SHIVA TEMPLE ROAD
BHARATHANNUR PO THIRUVANANTHAPURAM, PIN - 695609
7 PRADEEPKUMAR
CONVENOR, AUTORIKSHAW THOZHILALI UNION I(NTUC) VIMAL
VILASAM, THOTTIKKAD,MATHIRA PO, KOLLAM, PIN - 691536
Addl.8 THE TRAFFIC REGULATORY COMMITTEE,
REPRESENTED BY ITS CONVENER, MPANGOD GRAMA
PANCHAYAT, THIRUVANANTHAPURAM
[ADDITIONAL 8TH RESPONDENT IS SUO MOTU IMPLEADED AS
PER ORDER DATED 05.01.2026]
BY ADVS.
SHRI.HASHMI V.Z.
SHRI.GOUTHAM V.Z.
SMT.TINCY MARIA SCARIA
SHRI.ABHILASH N.
SHRI.JITHIN S.
SHRI.SREEROOP GOVIND
SHRI.ROLDEX R.
WP(C) NO. 27147 OF 2025 3
2026:KER:441
SHRI.GOKUL P.RAJ
SRI. RIYAL DEVASSY, GP
SRI. C.R. SIVAKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27147 OF 2025 4
2026:KER:441
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
WP(C) NO. 27147 OF 2025
------------------------------------------------------
Dated this the 5th day of January, 2026
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i. Issue a Writ of Mandamus or any other
appropriate Writ, direction or order directing
Respondents 1 to 5 to immediately remove and
relocate the unauthorized autorickshaw stand
presently operating on the side/front of Akhila Building,
Pangod.
ii. Issue a Writ of Mandamus directing
Respondents 1 and 2 to provide adequate police
protection to the Petitioners, their businesses, and to
the Panchayat officials while carrying out any action to
enforce the relocation of the said unauthorized auto
stand.
iii. Direct Respondents 1 to 5 to take legal
action against the unauthorized occupation and
obstruction of public space by the autorickshaw drivers
operating under the influence of Respondents 6 to 7.
iv. Pass any other order or direction that this
Hon'ble Court may deem fit and proper in the interests
of justice.
v Issue such other writs, orders or direction
which this Hon'ble Court may deem fit and proper to
issue in the facts and circumstances of the case."
[SIC]
2. The grievance of the petitioners is that there is
illegal parking in front of the petitioners commercial building. A
perusal of Exts.P3 and P3A would show that the matter is pending
before the Traffic Regulatory Committee. If that is the case, I am of
the considered opinion that this writ petition need not be retained
here, and there can be a direction to the Traffic Regulatory
Committee to conclude the proceedings, after giving an opportunity
of hearing to the petitioners and other affected parties.
2026:KER:441
Therefore, this writ petition is disposed of with the following
directions:
i) The additional 8th respondent will consider the
grievance of the petitioners, after giving sufficient
opportunity of hearing to the petitioners and other
affected parties, as expeditiously as possible, at any
rate, within a period of one month from the date of
receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 05.01.2026
Draft judgment placed 06.01.2026
Final Judgment uploaded 07.01.2026
2026:KER:441
APPENDIX OF WP(C) NO. 27147 OF 2025
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE PHOTOGRAPHS IN FRONT OF
THE 1ST PETITIONER'S BUILDING
Exhibit P2 A TRUE COPY OF ONE SUCH COMPLAINT
SUBMITTED BEFORE THE 3RD RESPONDENT DATED
13/11/2024
Exhibit P3 A TRUE COPY OF THE NOTICE OF THE MEETING
DATED 12/03/2025
Exhibit P3A A TYPED COPY NOTICE OF THE SAID MEETING
DATED 12/03/2025
Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED
15/06/2025
