Petitioner sought direction to remove autorikshaw parking obstructing his property access. Court recorded Collector's report stating no obstruction existed.
Petition dismissed; no directions issued to respondents as no obstruction was found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
THURSDAY, THE 22ND DAY OF NOVEMBER 2012/1ST AGRAHAYANA 1934
WP(C). No. 5077 of 2012 (H)
PETITIONER:
S. MANOJ, AGED 37 YEARS S/O. SREEDHARAN, MATHILITTATHARAYIL, KOMBAYAR. P.O., IDDUKKI DISTRICT
BY ADV. SRI. P.C. SASIDHARAN
RESPONDENTS:
1. THE DISTRICT COLLECTOR, OFFICEOF THE DISTRICT COLLECTOR IDDUKKI, PIN 685602
2. THE REGIONAL TRANSPORT OFFICER, KATTAPPANA, IDDUKKI DISTRICT, PIN 685508
3. THE NEDUMKANDAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MNEDUMKANDAM IDUKKI DISTRICT PIN 685553
4. THE SUPERINTENDENT OF POLICE, IDDUKKI DISTRICT PIN 685602
5. THE CIRCLE INSPECTOR OFPOLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE NEDUMKANDAM, PIN 685553
6. SHIBU,
CHERIKUNNEL HOUSE, UNIT PRESIDENT INTUC NEDUMKANDAM PIN 685553
7. M.N. GOPI, TREASURER, I.N.T.U.C, IDUKKI DISTRICT COMMITTEE IDDUKKI PIN 685602
R1,R2,R4 & R5 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAFI M. R3 BY ADV. SRI. S. DILEEP (KALLAR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 5077 of 2012 (H)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | - | COPY OF OWNERSHIP CERTIFICATE ISSUED IN FAVOUR OF SRI.AJAYAN |
|---|---|---|
| EXT.P2 | - | COPY OF THE LEASE DEEDEXECUTED BY SRI.AJAYAN IN FAVOUR OF THE PETITIONER |
| EXT.P3 | - | PHOTOGRAPHS EVIDENCING THE UNAUTHORIZED PARKING |
| EXT.P4 | - | COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENTS |
| EXT.P5 | - | COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENTS |
| EXT.P6 | - | COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENTS |
| EXT.P7 | - | COPY OF THE APPLICATION DATED 09.01.2012SUBMITTED BEFORE THE 3RD RESPONDENT UNDER THE R.T.I ACT |
| EXT.P8 | - | COPY OF THE REPLY RECEIVED BY THE PETITIONER DATED 28/01/2012 |
| EXT.P9 | - | COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENTS |
| EXT.10 | - | COPY OF THE PROCEEDINGS OF THE MINUTES OF THE SAID MEETING DATED 04/02/2012 |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
HARUN-UL-RASHID,J.
W.P.(C) No.5077 of 2012
Dated this the 22nd day of November 2012
JUDGMENT
The writ petition is filed seeking a direction directing the respondents 1 to 5 to see that the unauthorised parking of autorikshaws in front of the road abutting the land and building No. IX/31E situated in Nedumkandam Town under the Nedumkandam Grama Panchayath causing obstruction to the free ingress and egress of vehicles to the building premises are removed forthwith and for other incidental reliefs.
The writ petition is closed.
Sd/- HARUN-UL-RASHID JUDGE
al/-
1 issue framed by the court
Whether the unauthorized parking of autorikshaws caused obstruction to the petitioner's ingress and egress.
S. MANOJ
THE DISTRICT COLLECTOR, IDDUKKI
THE REGIONAL TRANSPORT OFFICER, KATTAPPANA
THE NEDUMKANDAM GRAMA PANCHAYAT
THE SUPERINTENDENT OF POLICE, IDDUKKI
THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
