Petitioner sought direction to prevent autorickshaw parking in front of his textile shop. Court held that since Municipal Authorities had already declared the area unauthorized and displayed a no-parking board, no further order was necessary, disposing of the petition.
No order necessary; parties advised to approach competent authorities for violations.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 WP(C) NO. 12248 OF 2019
PETITIONER:
KHALID AGED 61 YEARS S/O. ABDUL KHADER, AJMAL MANZIL, KONGAL, VILLAGE AND PO SOUTH PARAVUR, KOLLAM DISTRICT BY ADV S.BIJU (KIZHAKKANELA)
RESPONDENT:
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8 ADDL.R8: THE SECRETARY, AUTO DRIVERS UNION (AITUC), C.P.I. LOCAL COMMITTEE OFFICE, SOUTH PARAVUR P.O., KOLLAM DISTRICT PIN - 691301. 9 ADDL.R9: THE SECRETARY, AUTO RICKSHA THOZHILALI UNION (INTU), CONGRESS BHAVAN, SOUTH PARAVUR P.O., KOLLAM DISTRICT PIN - 691301. 10 ADDL.R10: THE SECRETARY, AUTHO RICKSHAW THOZHILALI UNION AFFILIATED TO BHARATHEEYA MAZDOOR SANGH, BJP MINICIPAL KARYALAYAM, MANJADIMOODU, SOUTH PARAVUR P.O., KOLLAM DISTRICT PIN - 691301. ADDL R7 TO R10 ARE IMPLEADED AS PER ORDER DATED 03.06.2019 IN IA NO. 1/2019
SRI.SYAMANTHAK B S, GP SRI.M.RAJENDRAN NAIR(SC)-R3 AND R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of August, 2022
The petitioner, who is running a Textile Shop namely “Life Style” functioning at Nalumukku Junction, South Paravoor, Kollam District, has filed this writ petition seeking to direct respondents 2 and 3 to take effective steps to avoid Autorickshaw parking completely in front of the petitioner's property covered by Ext.P2, from 7 AM to 10 PM on all days.
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and 6 and the learned Standing Counsel representing respondents 3 and 4.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 12248/2019
PETITIONER EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF LICENSE OF THE PETITIONER DATED 30/07/2013 FOR THE PERIOD OF 2013-14 ISSUED BY THE 3RD RESPONDENT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF FEE FOR RENEWAL OF EXT.P1 LICENCE OF THE PETITIONER DATED 26/03/2019 FOR THE PERIOD OF 2019-20 ISSUED BY THE 3RD RESPONDENT LOCAL AUTHORITY. |
| EXHIBIT P3 | A TRUE COPY OF THE LAND TAX RECEIPT DATED 31-01-2019 ISSUED BY THE KOTTAPPURAM VILLAGE OFFICER. |
| EXHIBIT P4 | A TRUE COPY OF THE PROFESSIONAL TAX RECEIPT FOR THE PERIOD OF 2018-19 ISSUED BY THE 3RD RESPONDENT DATED 26.03.2019. |
| EXHIBIT P5 | THE RECENT PHOTOGRAPHS SHOWING THE BLOCKADE MADE BY AUTO RICKSHAWS IN FRONT OF PETITIONER' SHOP. |
| EXHIBIT P6 | A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CHAIRMAN OF THE 3RD RESPONDENT MUNICIPALITY DATED 19.03.2016. |
RESPONDENT'S/S EXHIBITS : NIL
2 issues framed by the court
Whether the petitioners needs direction to prevent autorickshaw parking in front of his shop when authorities have already declared the area unauthorized.
Whether relief is necessary when a no-parking board is already displayed by the Municipal Authorities.
Khalid
State of Kerala
Sho Inspector of Police Paravur
Paravur Municipality
Auto Drivers Union AITUC
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
