The Kerala High Court disposed of a writ petition challenging illegal autorickshaw parking. The Court directed the local authority to finalize parking arrangements under the plea case and maintain the interim order allowing parking in identified areas.
Interim order maintained; Panchayath to complete action under Ext P4 within one month.
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 V.G.ARUN
WEDNESDAY, THE 19TH DAY OF JUNE 2019 / 29TH JYAISHTA, 1941
WP(C).No.23226 of 2017
PETITIONER:
A.J.VARGHESE
AGED 43 YEARS,S/O JACOB,ARAKKAL HOUSE, PAVARATTY P.O.,THRISSUR, PRESIDENT,MERCHANT WELFARE SOCIETY, PAVARATTY.
BY ADV. SRI.L.RAJESH NARAYAN
RESPONDENTS:
REPRESENTED BY SECRETARY,MOTOR VEHICLES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001
WP(C).No.23226 of 2017 2
8 ABOOBAKER S/O.MUHAMMED, MARUTHAYOOR, NALAKATH, THIRUTHIKKAD.
ADDL. R6 TO R9 ARE IMPLEADED AS PER ORDER DTD 15.3.2018 IN IA NO.4661/2018
BY ADV. SRI.V.N.HARIDAS GP. SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23226 of 2017 3
JUDGMENT
This Writ Petition is filed aggrieved by the illegal parking of autorickshaws in Pavaratty town and for implementation of Ext P4 by which the Pavaratty Grama Panchayath had identified suitable areas for parking of vehicles. The learned counsel for the petitioner submits that pursuant to the interim order issued in this Writ Petition, obstruction to the ingress and egress of the commercial establishments in Pavaratty town stands abated. The learned counsel for respondents 6 to 9 submits that a consensus has been arrived at between the auto drivers and the local authority based on which a suitable place has been identified for parking of autorickshaws for the time being, without causing hindrance to the functioning of the commercial establishments. In the light of the submissions made by the respective learned counsel, the Writ Petition is disposed of directing to maintain the interim order issued by this Court and permitting the party respondents to
WP(C).No.23226 of 2017 4
continue parking of their vehicles at the area which is presently identified by the local authority, till orders are passed with regard to authorised parking areas. Further action pursuant to Ext P4 shall be completed by the Panchayath within a period of one month.
V.G.ARUN, JUDGE
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WP(C).No.23226 of 2017 5
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE 10.12.2014 |
CERTIFICATE DATED |
|---|---|---|
| EXHIBIT P2 | FEW PHOTOGRAPHS OF THE AUTORICKS |
EVIDENCING ILLEGAL PARKING HAWS. |
| EXHIBIT P3` | TRUE COPY OF THE | REQUEST DATED 8.6.2017. |
| EXHIBIT P4 | TRUE COPY OF THE | REPLY DATED 30.6.2017. |
| EXHIBIT P5 | FEW PHOTOGRAPHS PARKING SPACE. |
SHOWING THE ALLOTTED |
| EXHIBIT P6 | TRUE COPY OF THE | COMPLAINT DATED 8.6.17. |
| EXHIBIT P7 | TRUE COPY OF THE | COMPLAINT DATED 21.6.17. |
| EXHIBIT P8 | TRUE COPY OF THE | COMPLAINT DATED 27.6.17. |
RESPONDENTS EXTS
EXT R6A COPY OF REPRESENTATION SUBMITTED R3 WHICH WAS ACKNOWLEDGED AS RECEIVED ON 18.7.2018
EXT R6B COPY OF REPRESENTATION DTD NIL ALONG WITH ACKNOWLEDGMENT RECEIPT DTD 18.7.2018 SUBMITTED TO R4. /TRUE COPY/
P.S.TO JUDGE
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1 issue framed by the court
Whether the interim order permitting parking in identified areas should be maintained pending final orders on authorized parking zones.
A.J.VARGHESE
STATE OF KERALA
DISTRICT COLLECTOR THRISSUR
REGIONAL TRANSPORT OFFICER GURUVAYOOR
SECRETARY PAVARATTY GRAMA PANCHAYATH
PRASAD V.K.
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
