The Court held the parking of three-wheelers unauthorized. It directed the Grama Panchayat to remove the obstruction blocking the petitioner's building entrance, allowing the Police to assist if required.
Directions to the First Respondent Panchayat to remove the obstruction caused by unauthorized parking of three-wheelers and other vehicles.
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 A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
WP(C). No.11669 of 2011 (G)
PETITIONER(S):
P.MOHANAN PILLAI, ANIZHAM, PIRAPPANCODE P.O., MANICKAL VILLAGE, THIRUVANANTHAPURAM-695 607.
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SMT.V.P.SATHI
RESPONDENT(S):
1. THE MANICKAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O. THIRUVANANTHAPURAM-695 607.
2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION
3. MR. PRADEEP KUMAR M.,
4. MR. S.JAYAN, SALINI BHAVAN, KALLUVETTANKUZHI, PIRAPPANCODE P.O.
R2 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL R-1 BY ADV. SRI.SAJU.S.A, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No.11669 of 2011 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENTS' EXHIBIT:- NIL
/True Copy/
P.A to Judge
KRJ
A.V.RAMAKRISHNA PILLAI, J.
W.P(C) No.11669 of 2011
= = = = = = = = = = = = = = = Dated this the 10th day of June, 2014
JUDGMENT
The petitioner has approached this Court seeking positive directions to respondents 1 to 2 to take appropriate action for removing the unauthorised parking of vehicles in front of the petitioner's building forthwith.
the side of M. C. Road at Pirappancode junction. According to him, there is an area between the footpath and his building extending up to the road margin. The ground portion of the building has been let out for commercial purpose and certain shops were also presently working there. The rest of the building is used for residential purposes.
WP(C).11669/11 -:2:-
entrance to the petitioner's building. According to him, such parking is absolutely illegal and without any sanction from the Panchayat or Regional Transport Authority. The petitioner was given to understand that it is not an approved parking area and no consent has been given by the Panchayat. Though the petitioner made a request before the second respondent pointing out the parking done by respondents 3 and 4, no action has been taken. It is in this context, the petitioner has come up before this Court.
respondent Panchayat pointing out the unauthorised parking of autorickshaws. According to the petitioner, the same being a land abutting the building, nobody has any authority to park vehicles there, as the same would cause obstruction to the ingress and egress.
-:3:-
WP(C).11669/11
-:4:-
WP(C).11669/11
the statutory authority to remove the same with instructions.
Therefore, the Writ Petition is disposed of directing the first respondent to remove that obstruction caused by the parking of the three wheelers and other vehicles in front of the petitioner's building. If the first respondent finds it difficult in implementing the same, they shall be at liberty to seek assistance of the
second respondent who shall give assistance for the same.
Sd/A.V.RAMAKRISHNA PILLAI JUDGE
krj
3 issues framed by the court
Whether the petitioner has a right to direct removal of unauthorised three-wheeler parking obstructing the entrance to his building.
Whether the First Respondent Panchayat is statutorily empowered to remove such illegal parking to facilitate pedestrian traffic.
Whether the Police should be utilised for assistance if the Panchayat finds it difficult to remove the obstruction alone.
Colour shows how this judgement treated each authority
Chandran v. District CollectorReferred¶44
Chandran v. District Collector [2013 (3) KLT 449]
2 provisions across 2 enactments
P.Mohanam Pillai
The Manickal Grama Panchayat
The Sub Inspector of Police, Venjaramoodu
Mr. Pradeep Kumar
Mr. S.Jayan
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
