Allowed

Shaji v. Vs the Sub Inspector of Police

Kerala HC20 Nov 2019WP(C)/12420/2019

Case brief

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What is this about?

The Kerala High Court disposed of a writ petition filed by a supermarket and hotel proprietor complaining of unauthorized autorickshawk parking affecting business access. Relying on a cited precedent regarding unauthorized stands, the Court allowed the petition and directed the Sub Inspector of Police to remove the autorickshaws.

What did the court decide?

Direction to the Sub Inspector of Police to remove the autorickshaws parked in front of the petitioner's establishments forthwith.

Shaji v Vs the Sub Inspector of Police — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941

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WP(C).No.12420 OF 2019(B)

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PETITIONER:

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SHAJI V, AGED 40 YEARS S/O VEERAN, PROPRIETOR, FIRDOUS SUPERMARKET AND TASTY HOTEL, VAYANASALA, PATHAPPIRIYAM, ERNAD CIRCLE, MALAPPURAM M PIN 676 123.

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BY ADVS. SRI.P.Y.SHANAVAS SRI.SUNIL N.SHENOI BALRAM S.A.

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RESPONDENTS:

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1 THE SUB INSPECTOR OF POLICE EDAVANNA POLICE STATION, MALAPPURAM 676 123.

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2 THE DISTRICT POLICE CHIEF, MALAPPURAM 676 123

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3 THE REGIONAL TRANSPORT OFFICER, MALAPPURAM 676 123

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4 EDAVANNA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, EDAVANNA, PIN 676 541.

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5 ADDL.R5.TRAFFIC REGULATORY AUTHORITY, MALAPPURAM, REPRESENTED BY ITS CHAIRMAN, THE REGIONAL TRANSPORT OFFICER, MALAPPURAM. IMPLEADED AS PER ORDER DATED 10/05/2019 IN I.A.NO.2/2019.

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6 ADDL R6, YASHEED NOUFAL, S/O KUNCHUMUHAMMD, ALUKKAL HOUSE, PATHAPPIRIYAM P.O, MALAPPURAM, PIN-676 123.

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W.P.(C) No. 12420 of 2019

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..2..

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7 ADDL R7, MUHAMMED SHAMEER, S/O.ABDU, RAKEEB MANZIL, PATHAPPIRIYAM P.O, MALAPPURAM, PIN-676 123.

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8 ADDL R8, MUHAMMED SAJEER, CHERAMAL HOUSE, CHENNAIKUNNU, PATHAPPIRIYAM P.O, MALAPPURAM, PIN -676 123.

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9 ADDL R9, MURSHID, S,O. SHAHEED, OTTAKANDATHIL HOUSE, PATHAPPIRIYAM P.O, MALAPPURAM, PIN-676 123. ADDL R6 TO R9 IMPLEADED AS PER ORDER DATED 3005-2019 IN IA 3/2019.

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10 ADDL.R10. MUHAMMED SHAREEF, S/O.MAMMAD, VALIYAPEEDIKAKKAL HOUSE, PATHAPPIRIYAM P.O, MALAPPURAM DISTRICT. IS IMPLEADED AS PER ORDER DATED 20/08/2019 IN WP(C).

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11 ADDL R11, SALEEM C.K, AGED 36 YEARS S/0 MOHAMMED C.K, CHOORAKKUNNAN HOUSE, PATHAPIRIYAM P.O, EDAVANNA, PIN 676 123, NILAMBUR TALUK, MALAPPURAM DISTRICT, (PRESIDENT SAMYUKTHA AUTO THOZHILALI UNION, PATHAPPIRIYAM P.O, EDAVANNA, PIN-676 123, NILAMBUR TALUK, MALAPPURAM DISTRICT) IS IMPLEADED AS PER ORDER DATED 2009-2019 IN IA 6/2019

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R4 BY ADV. SRI.K.M.SATHYANATHA MENON R4 BY ADV. SMT.KAVERY S THAMPI R10 BY ADV. SRI.K.RAKESH R11 BY ADV. SRI.P.SAMSUDIN R11 BY ADV. SRI.M.ANUROOP BY GOVERNMENT PLEADER SRI. THAJUDHEEN P.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 12420 of 2019

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W.P.(C) No. 12420 of 2019

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JUDGMENT

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The petitioner is the proprietor of two

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establishments functioning within the limits of Edavanna Grama Panchayat, of which, one is a supermarket and the other is a hotel. The grievance voiced by the petitioner in the writ petition concerns the unauthorised parking of autorickshaws in front of the establishments of the petitioner. The petitioner, therefore, seeks appropriate directions to the police to remove the autorickshaws parked in front of his establishments.

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A statement as also a counter affidavit has been filed by the fourth respondent Panchayat. The stand taken by the Panchayat is that the autorickshaws are being parked on the roadside. It is also the stand of the Panchayat that inconvenience is caused to the petitioner for running the

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..4..

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W.P.(C) No. 12420 of 2019

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establishments due to the structures erected unauthorisedly in the parking areas of the building.

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Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel for the Panchayat as also the owner of the building where one of the establishments of the petitioner is housed.

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The materials on record indicate that the autorickshaws are being parked in front of the establishments of the petitioner in such a way as to affect the ingress and egress to the establishments. The area is admittedly not an authorised stand established by the Grama Panchayat in terms of the provisions of the Panchayat Raj Act and the rules made thereunder. In the circumstances, in the light of the decision of this Court in Mathew P.D. v. State of Kerala and others (2019 (5) KHC 242), I am of the view that the petitioner is entitled to appropriate orders for removal of the autorickshaws.

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In the result, the writ petition is allowed. The first respondent is directed to remove the autorickshaws parked in

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..5..

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W.P.(C) No. 12420 of 2019

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front of the establishments of the petitioner referred to in the writ petition, forthwith. It is however, made clear that this judgment will not preclude the Panchayat from taking appropriate action against the unauthorized construction, if any, made in the building where the establishments of the petitioner are housed.

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Sd/P.B.SURESH KUMAR JUDGE

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ds 20.11.2019

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W.P.(C) No. 12420 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE PHOTOSTAT COPY OF THE D & O LICENSES ISSUED TO FIRDOUS SUPERMARKET.

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EXHIBIT P2 THE PHOTOSTAT COPY OF THE D & O LICENSES ISSUED TO TASTY HOTEL. EXHIBIT P3 THE COPY OF THE REPRESENTATION GIVEN TO 1ST RESPONDENT

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EXHIBIT P4 THE COPY OF THE ACKNOWLEDGMENT DATE D8.9.2018

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EXHIBIT P5 THE COPY OF THE REPRESENTATION GIVEN TO 4TH RESPONDENT

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EXHIBIT P6 THE COPY OF THE ACKNOWLEDGMENT DATED 18.9.2018

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EXHIBIT P7 PHOTOGRAPH SHOWING ILLEGAL PARKING AT AUTO RICKSHAWS.

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EXHIBIT P8 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO 25342 OF 2012

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R10 A TRUE COPY OF THE RESOLUTION DATED 08.05.2019 OF THE EDAVANNA PANCHAYATH TRAFFIC REGULATORY COMMITTEE

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EXHIBIT R10 B PHOTOGRAPHS SHOWING PARKING OF AUTO RICKSHAWS

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ANNEXURE R4(A) TRUE COPY OF THE STATEMENT OF FACTS FORWARDED BY THE EDAVANA GRAMA PANCHAYAT IN WP(C) NO. 12420 OF 2019

Shaji v. Vs the Sub Inspector of Police

Case brief

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Shaji v. Vs the Sub Inspector of Police

Case brief

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