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Kerala High Court
T.A Sebastian vs The Convenor, Traffic Regulatory ... on 15 January, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 44601 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 44601 OF 2024
PETITIONER/S:
T.A SEBASTIAN,
AGED 56 YEARS
S/O ANTONY, THUDATHIL HOUSE, KANJIKUZHY VILLAGE,
IDUKKI TALUK,REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER T.A ANTONY, S/O.ANTONY AGED 61, THUDATHIL
HOUSE,KANJIKUZHY VILLAGE, IDUKKI TALUK,
PIN - 685606
BY ADV SHRI.SACHIN RAMESH
RESPONDENT/S:
1 THE CONVENOR, TRAFFIC REGULATORY COMMITTEE,
KANJIKUZHY GRAMAPANCHAYATH, IDUKKI DISTRICT,
PIN - 685606
2 THE DISTRICT POLICE CHIEF,
PYNAVU, KUYILUMALA, IDUKKI, PIN - 685506
3 THE DISTRICT COLLECTOR,
COLLECTORATE, IDUKKI, KUYILIMALA, IDUKKI, KERALA,
PIN - 685603
4 THE STATION HOUSE OFFICER,
KANJIKUZHY POLICE STATION, IDUKKI DISTRICT,
PIN - 685606
5 THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, REVENUE TOWER,THIRD
FLOOR ,KUYILIMALA, PINAV PO, PIN - 685603
6 KANJIKKUZHI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KANJIKKUZHI, IDUKKI
DISTRICT, PIN - 685606
W.P.(C) No. 44601 of 2024
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7 M.V APPUKUTTAN,
MADAVANAKUNNEL HOUSE, KANJIKUZHY VILLAGE, IDUKKI,
PIN - 685606
8 ABHAYAN,
KANIYANPOYKAYIL HOUSE, THALLACKANAM KANJIKUZHY
P.O.,IDUKKI, PIN - 685606
BY ADVS.
SHRI.SARATHKUMAR.T.S, SC, KANJIKUZHY GRAMA
PANCHAYAT
SHRI.SARATHKUMAR.T.S
SMT.JISMEMOL JAMES
SHRI.ACHANKUNJU P.C
SHRI.SHYAM KUMAR M.P
SHRI.RONY V.P.
SRI.D.VIMAL DEV
GP SMT NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No. 44601 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 44601 of 2024
------------------------------------------------
Dated this the 15th 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, order or direction directing the 1st Respondent to
remove the illegal parking of the auto rickshaws and others
in front of the petitioner's shop rooms, along the sides.
ii) Declare that the petitioner is entitled to get cleared,
the obstruction in front of his building caused by the parking
of the auto rickshaws along the side of busy PWD road.
iii) Issue a writ of mandamus or any other appropriate
writ, order or commanding the 1st respondent to consider
Ext-P5 representation and take appropriate remedial action.
iv) Issue a writ of mandamus or any other appropriate
writ, order or commanding the 6 th Respondent to consider
Ext-P3 representation and take appropriate remedial action.
v) Issue a writ of Mandamus or any other appropriate
Wirt, order or commanding the 4th Respondent to afford
enough protection to the Petitioner and remove the illegally
parked auto rickshaws parked in front of the petitioner's
shop rooms.
vi) Issue a writ of mandamus or any other appropriate
writ, order or commanding the 1st respondent to identify an
area conducive to house the Auto Stand.
vii) petitioners may be permitted to dispense with the
filing of translation of the vernacular documents;
viii) Pass such other order or direction as this Hon'ble
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Court may deem fit and proper on the facts and
circumstances of the case. "
[SIC]
2. The petitioner is a resident of Kanjikuzhy
Gramapanchayath in Idukki District and he is the owner of
several shop rooms located in a busy area near the Kurishupally,
is the submission. The petitioner has been consistently paying
building and other taxes for the property, is the further
submission. The grievance of the petitioner is that the
businesses in the shop rooms are affected because of the
unauthorized parking of auto rickshaws blocking the entry to the
building. Hence this Writ Petition is filed.
3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for the
Panchayat and the learned Government Pleader. Even though
notice is issued to respondents 7 and 8, there is no appearance
for them.
4. This Court considered the pleadings in the Writ
Petition and also the contentions raised by the petitioner. After
hearing both sides, I think there can be a direction to
respondents 1 and 4 to see that there is no obstruction to the
ingress and egress to the petitioner's shop rooms by the parking
of autorickshaws. A perusal of Ext.P5 would show that the
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premises mentioned by the petitioner is not an authorised
parking area for autorickshaws.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The 1st and 4th respondents will see that there is
no unauthoised parking in front of the
petitioner's shop rooms affecting the ingress
and egress to the shop rooms.
2. The 1st and 4th respondents will also make
necessary arrangements to erect no parking
board in that area.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Judgment reserved NA
Date of Judgment 15.01.2026
Judgment dictated 15.01.2026
Draft Judgment placed 16.01.2026
Final Judgment uploaded 19.01.2026
2026:KER:3439
APPENDIX OF WP(C) NO. 44601 OF 2024
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOGRAPH DEPICTING THE ILLEGAL PARKING
OF AUTORICKSHAWS IN FRONT OF THE
BUILDING COMPLEX
EXHIBIT P2 COPY OF THE REPRESENTATION PREFERRED BY
THE PETITIONER DATED 23/02/2024 BEFORE
THE CONVENER, TRAFFIC REGULATORY
AUTHORITY
EXHIBIT P2(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT
EXHIBIT P3 COPY OF THE REPRESENTATION PREFERRED BY
THE PETITIONER DATED 23/02/2024 BEFORE
THE 6TH RESPONDENT
EXHIBIT P4 COPY OF THE RESPONSE RECEIVED BY THE
PETITIONER DATED 15/04/24 FROM THE
OFFICE OF 4TH RESPONDENT
EXHIBIT P5 COPY OF THE RESPONSE RECEIVED TO THE
QUERY UNDER RTI ACT, DATED 07/10/23 FROM
THE OFFICE OF 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE RECEIPT NO.
1230504558/C060501 DATED 05/03/2024
ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT FOR PAYMENT OF PROPERTY TAX
EXHIBIT P6(A) TRUE COPY OF THE RECEIPT NO.
1230504561/C060501 DATED 05/03/2024
ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT FOR PAYMENT OF PROPERTY TAX
EXHIBIT P6(B) TRUE COPY OF THE RECEIPT NO.
1230504562/C060501 DATED 05/03/2024
ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT FOR PAYMENT OF PROPERTY TAX
EXHIBIT P6(C) TRUE COPY OF THE RECEIPT NO.
1230504563/C060501 DATED 05/03/2024
ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT FOR PAYMENT OF PROPERTY TAX
EXHIBIT P6(D) TRUE COPY OF THE RECEIPT NO.
1230504559/C060501 DATED 05/03/2024
ISSUED TO THE PETITIONER BY THE 6TH
RESPONDENT FOR PAYMENT OF PROPERTY TAX
RESPONDENT EXHIBITS
EXHIBIT R6(1) TRUE COPY OF THE MINUTES OF THE MEETING
