Dismissed

Suresh.U v. the District Police Chief

Kerala HC3 Sept 2021WP(C)/14665/2021

Case brief

AI extract

What is this about?

The Court disposed of a Writ Petition filed by shop owners and the Secretary of a temple alleging unauthorised parking of autorickshaws obstructing their entry. The Court directed the Traffic Regulatory Committee to consider the issue of parking and provide an alternative area without delay.

What did the court decide?

Directed the Traffic Regulatory Committee to consider the issue of unauthorised parking, provide an alternative parking area without delay, and ensure unobstructed ingress and egress to shops and the

Suresh.U Vs the District Police Chief — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 SATHISH NINAN

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FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

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WP(C) NO. 14665 OF 2021

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PETITIONERS:

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1 SURESH.U AGED 53 YEARS S/O.GOVINDANKUTTY,CHANGARANGATTU HOUSE,DR.PADI, KOLAZHY.P.O,THRISSUR DISTRICT.

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2 SUMITH.P.P, AGED 38 YEARS,S/O.P.PRABHAKARAN,PATTATHIPARAMBIL HOUSE,M.G.KAVU.P.O, THIROOR,THRISSUR DISTRICT.

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3 SUKU.C.R, AGED 55 YEARS,S/O.RAGHAVAN,CHUNDAYIL HOUSE,M.G.KAVU.P.O, THIROOR, THRISSUR DISTRICT.

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4 HARIDASAN.P,2021 AGED 55 YEARS,S/O.ACHUTHAN NAIR,PADASSERY HOUSE,POTTORE.P.O,M.G.KAVU,THRISSUR DISTRICT,SECRETARY,VADAKKUMBAKAVU DEVASWOM,THIROOR,M.G.KAVU,THRISSUR DISTRICT. BY ADV SWAPNA VIJAYAN

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF THRISSUR,KALYAN NAGAR,AYYANTHOLE, THRISSUR-680003. 2 STATION HOUSE OFFICER VIYYUR POLICE STATION,VIYYUR POLICE STATION,RAMAVARMAPURAM,THRISSUR DISTRICT-680631.

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3 THE REGIONAL TRANSPORT OFFICER, 2ND FLOOR,MINI CIVIL STATION,THRIPRAYAR,THRISSUR-680567. THRISSUR DISTRICT-680001.

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4 THE TRAFFIC REGULATORY COMMITTEE, KOLAZHY GRAMA PANCHAYAT,KOLAZHY,THRISSUR DISTRICT-680010, REPRESENTED BY ITS CHAIRMAN.

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WP(C) NO. 14665 OF 2021 -2-

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5 KOLAZHY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY,KOLAZHY,THRISSUR-680010.

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6 THE SECRETARY KOLAZHY GRAMA PANCHAYAT,KOLAZHY,THRISSUR-680010.

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7 PRESIDENT,KOLAZHY GRAMA PANCHAYAT, KOLAZHY,THRISSUR DISTRICT-680010.

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BY ADV SHRI. SANTHOSH P.PODUVAL, SC, KOLAZHY GRAMA PANCHAYAT

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BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.14665 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 3^rd day of September, 2021

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J U D G M E N T

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The petitioners 1 to 3 are shop owners who are

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aggrieved by the alleged unauthorised parking of autorickshaws obstructing entry of customers into their shops. The 4^th petitioner is the Secretary of Sree Vadakkurumbkavu Devi Temple, and he alleges that the unauthorised parking of autorickshaws hinders the entry of devotees in the temple.

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That, where the autorickshaws are being parked

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presently is not a notified parking area, is admitted by respondents 4 and 5. It is not in dispute that an alternative parking area has not been provided. The representatives of the concerned Unions have not been impleaded and are not before this Court.

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Considering the entire circumstances, the writ

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petition is disposed of directing the 4^th respondent to consider the issue of unauthorised parking of

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W. P. (C) No.14665 of 2021 -: 2 :-

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autorickshaws voiced by the petitioners, and address the issue of providing alternative parking area, and to implement the same without delay. Let a decision be taken with due notice to the petitioners and also the concerned Unions. It is further ordered that respondents 4 and 5 shall ensure that the ingress and egress to the shop rooms and the temple is not obstructed by the parking of autorickshaws.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 14665/2021

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF APPLICATION DATED 27/2/21 UNDER RIGHT TO INFORMATION ACT
Exhibit	P2 TRUE COPY OF REPLY DATED 27/3/21 RECEIVED BY THE PETITIONER
Exhibit	P3 PHOTOGRAPHS SHOWING THE UNAUTHORISED PARKING OF THE AUTORICKSHAWS
Exhibit	P4 TRUE COPY OF THE DETAILS OF COMPLAINT DATED 5/4/21 FILED BEFORE THE 2ND RESPONDENT
Exhibit	P5 TRUE COPY OF REPRESENTATION DATED 5/4/21 SUBMITTED BEFORE RESPONDENT NO.3 AND ITS RECEIPT
Exhibit	P6 TRUE COPY OF THE REPRESENTATION DATED 5/4/21 SUBMITTED BEFORE RESPONDENT NO.6 AND ITS RECEIPT
Exhibit	P7 TRUE COPY OF REPRESENTATION DATED 5/4/21 SUBMITTED BEFORE THRISSUR CITY POLICE COMMISSIONER,THRISSUR AND ITS RECEIPT.

Suresh.U v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Suresh.U v. the District Police Chief

Case brief

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