Petitioner filed this writ petition seeking removal of illegal autorikshaw parking obstructing his jewellery shop. Court found no authorized auto stand. Respondents directed to remove obstruction and ensure clear ingress and egress.
Respondents 1 and 2 to remove illegal autorikshaw parking and ensure no parking obstructs shop ingress/egress.
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 P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 9410 OF 2021
PETITIONER:
ABDUL AZEEZ CHETYANTHOD AGED 56 YEARS S/O. ABOOBACKER, CHETTIYANTHODI HOUSE, CHELAKKAD, KATTUPARA, VIA PULAMANTHOLE, MALAPPURAM 679 323.
BY ADVS. E.C.AHAMED FAZIL SRI.M.H.SALIM
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF MALAPPURAM, OFFICE OF THE DISTRICT POLICE CHIEF, UP-HILL, MALAPPURAM - 676 505. 2 THE SUB INSPECTOR OF POLICE, PERINTHALMANNA, PERINTHALMANNA POLICE STATION, PERITHALMANNA 679 321. 3 THE TRAFFIC REGULATORY COMMITTEE, PULAMANTHOLE, PULAMANTHOLE GRAMA PANCHAYATH OFFICE, PULAMANTHOLE, MALAPPURAM DISTRICT 679 323, REPRESENTED BY ITS CHAIRMAN, 4 PULAMANTHOLE GRAMA PANCHAYATH , PULAMANTHOLE GRAMA PANCHAYATH OFFICE, PULAMANTHOLE, MALAPPURAM DISTRICT 679 323, REPRESENTED BY ITS SECRETARY, 5 CITU AUTO WORKERS UNION, PULAMANTHOLE , PULAMANTHOLE , MALAPPURAM DISTRICT 679 323, REPRESENTED BY ITS GENERAL SECRETARY, GOPALAN.
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PULAMANTHOLE, PULAMANTHOLE, MALAPPURAM DISTRICT 679 323 REPRESENTED BY ITS GENERAL SECRETARY, ASKAR
SMT.RASHMI K.M., SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
W.P.(C)No.9410 of 2021
Dated this the 11th day of November 2021
JUDGMENT
The above writ petition is filed with
following prayers:
“(i) To direct first and second respondent to take necessary steps to ensure that autorikshaws are not parked in front of the shop of petitioner by name and style “ERBAD JEWELLERY” at Kolathur Road, Pulamanthole Grama Panchayath, Malappuram District.
(ii) To grant such other relief in favour of the petitioner as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case.”
2. The petitioner is aggrieved by the
illegal parking of autorikshaws in front of his Jewellery and blocking access to the shop building. Petitioner is the Managing partner of Jewellery by name “ERBAD JEWELLERY” at
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Kolathur Road, Pulamanthole Grama Panchayath, Malappuram district. According to the petitioner, he is not in a position to run the business smoothly because of the illegal parking of autorikshaws in front of the petitioner's shop. Ext.P3 is the photographs produced along with the writ petition. As per Ext.P4, the grama panchayath informed under the Right to Information Act that there is no authorised auto stand in PulamantholeKolathur road. The petitioner approached the 1st respondent to remove the obstruction of
the autorikshaw drivers in front of the petitioner's shop building. Ext.P5 is the representation. Ext.P5(a) is the receipt
showing that Ext.P5 representation is received. Even then there is no response. Hence this writ petition is filed.
3. When this writ petition came up for consideration on 09.04.2021, this Court
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issued notice to the respondents. Even
though the notice is received and service is complete, there is no appearance for respondents 5 and 6.
4. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
5. The learned counsel for the
petitioner reiterated his contentions in the writ petition. The learned Government Pleader submitted that the 3rd respondent is the authority to look into this matter and the 3rd respondent will take appropriate steps.
6. As evident by Ext.P4, there is no authorised auto stand at Pulamanthole– Kolathur road. Ext.P4 is dated 18.11.2019. There is nothing to show that, even after that date, any authorised auto stand is alloted at this place. The grievance of the
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petitioner is that there is illegal auto parking in front of the petitioner's jewellery shop and that affect his business. In such circumstances, if there is no authorised auto stand in that place, it is the duty of the 1st and 2nd respondents to see that there is no illegal parking of autorikshaws in front of the petitioner's jewellery shop especially to obstruct ingress and egress to the shop. Therefore the respondents 1 and 2 will do the needful to see that the ingress and egress to the shop of the petitioner is not obstructed by autorikshaw parking.
Therefore, this writ petition is allowed in the following manner:
(i) Respondents 1 and 2 in consultation with the 3rd respondent will remove the illegal parking of autorikshaws in front of the petitioner's shop building
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forthwith.
(ii) If there is any authorised auto
stand in that place, at least the ingress and the egress to the petitioner's shop building is to be cleared and respondents 1 and 2 should see that there is no parking in front of the petitioner's shop to obstruct the customers of the petitioner.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO.9410/2021
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APPENDIX OF WP(C) 9410/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF GST REGISTRATION OF PETITIONER'S JEWELERY BY NAME AND STYLE ERBAD JEWELERY HAVING REGISTRATION NUMBER 32AAGFE3212NIZO. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF TRADE LICENSE ISSUED TO PETITIONERS JEWELLERY DATED 14.05.2020 FROM PULAMANTHOLE GRAMA PANCHAYATH. |
| EXHIBIT P3 | TRUE COPY OF PHOTOGRAPHS OF THE SHOP OF PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF REPLY DATED 18.11.2019 RECEIVED BY C.P. KOYA UNDER RIGHT TO INFORMATION ACT FROM PULMANTHOLE GRAMA PACHAYATH. |
| EXHIBIT P5 | TRUE COPY OF COMPLAINT PREFERRED BY PETITIONER BEFORE DISTRICT POLICE CHIEF, MALAPPURAM DATED 03.11.2020. |
| EXHIBIT P5 (A) | TRUE COPY OF RECEIPT ISSUED AGAINST EXHIBIT P5 FROM OFFICE OF DISTRICT POLICE CHIEF, MALAPPURAM. |
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether respondents are duty-bound to remove illegal autorikshaw parking obstructing petitioner's shop ingress and egress.
Whether directing respondents to ensure no parking obstructs shop access is appropriate in absence of authorized auto stand.
Abdul Azeech Chetyanthod
The District Police Chief Malappuram
The Sub Inspector of Police, Perinthalmanna
The Traffic Regulatory Committee, Pulamanthole
Pulamanthole Grama Panchayath
CITU Auto Workers Union
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
