Disposed

Abdul Rahiman v. the Secretary

Kerala HC1 Nov 2022WP(C)/4055/2022

Case brief

AI extract

What is this about?

In a writ petition concerning unauthorized autorickshaw parking obstructing a petitioner's shed, the High Court of Kerala empowered the Traffic Regulatory Committee to resolve the issue following the Micromanagement Principle, directing a site visit and a hearing within specific timelines.

What did the court decide?

Direction to the Traffic Regulatory Committee to hear the parties, conduct a site visit, and decide the matter within one month.

Abdul Rahiman Vs the Secretary — Civil Procedure and Limitation | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944 WP(C) NO. 4055 OF 2022

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PETITIONERS:

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ABDUL RAHIMAN AGED 57 YEARS S/O. ABOOBACKER HAJI, ADUKKATH HOUSE, KARAPPURAM P.O, 679 331, MALAPPURAM DISTRICT.

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BY ADVS. P.SAMSUDIN SHYAM NAIR M.ANUROOP LIRA A.B.

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RESPONDENTS:

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1 THE SECRETARY, MOOTHEDAM GRAMA PANCHAYAT, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 679 331.

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2 MOOTHEDAM GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, MOOTHEDAM, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 679 331.

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3 THE CIRCLE INSPECTOR OF POLICE, EDAKKARA POLICE STATION, EDAKKARA P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 679 331.

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4 THE TRAFFIC REGULATORY COMMITTEE, MOOTHEDAM GRAMA PANCHAYAT, EDAKKARA, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN 679 331.

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5 AKBER SHAREEF, S/O. ABDUL KHADER, KORAMBAKALATHIL HOUSE, KARAPPURAM P.O, MOOTHEDAM, MALAPPURAM DISTRICT, PIN 679 331, (AUTORIKSHAW DRIVER OF KL 10 AK 8251).

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6 ABDUL AZEEZ, S/O. MOHAMMED, MADHURAKKARIYAN HOUSE, KARAPPURAM P.O, MOOTHEDAM, MALAPPURAM DISTRICT, PIN 679 331, (AUTORIKSHAW DRIVER OF KL 10 AK 8767)

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7 ABOOBACKER,

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W.P.(C) No.4055 of 2022

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S/O. KUNJU MOHAMMED, CHOLAMMDA HOUSE, KARAPPURAM P.O, MOOTHEDAM, MALAPPURAM DISTRICT, PIN 679 331, (AUTORIKSHAW DRIVER OF KL 10 AN 8134).

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8 MABLE VARGHESE, S/O. THAMBI, THUDIYIL HOUSE, KARAPPURAM P.O, MOOTHEDAM, MALAPPURAM DISTRICT, PIN 679 331, (AUTORIKSHAW DRIVER OF KL 10 AL 6534).

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BY ADV C.DINESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.4055 of 2022

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JUDGMENT

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The petitioner is aggrieved by the unauthorized parking of autorickshaws in front of the shed constructed by him for the purpose of sale of agricultural products, obstructing the ingress and egress to the said shed. The petitioner states that he has submitted several complaints before the Police and Panchayat authorities against the unauthorized parking of autorickshaws in front of the shed.

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A counter affidavit has been filed by respondents 1 and 2 wherein it is stated that the Panchayat, by Ext.R2(a) resolution dated 16.03.2022, has taken a decision to place the issue regarding parking of autorikshaws in Karappuram PWD Road before the 4^th respondent, the Traffic Regulatory Committee. The learned counsel for the petitioner pointed out that Ext.R2(a) resolution is dated

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W.P.(C) No.4055 of 2022 4

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16.03.2022 and no decision has so far been taken by the Traffic Regulatory Committee in the matter.

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The Traffic Regulatory Committee is

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constituted as per Section 72 of the Kerala Police Act for regulating matters in respect of traffic. Since it is stated by respondents 1 and 2 that the matter regarding the parking of autorikshaws on the side of the Karappuram PWD Road is already placed before the Traffic Regulatory Committee, the 4^th respondent, there will be a direction to the 4^th respondent to consider the matter after hearing the petitioner, respondents 5 to 8 or any other person whom committee deems fit to be heard. Before a decision is taken the Traffic Regulatory Committee shall make a site visit and ascertain the views of the pedestrians and commutters randomly selected from the site and their views shall be discussed at the time of hearing. The 1^st respondent

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W.P.(C) No.4055 of 2022 5

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shall produce a copy of this judgment along with the resolution dated 16.03.2022 before the Traffic Regulatory Committee. The meeting of Traffic Regulatory Committee shall be convened within two weeks from the date of receipt of a copy of this judgment and shall pass orders within one month thereafter.

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Sd/- MURALI PURUSHOTHAMAN JUDGE

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W.P.(C) No.4055 of 2022

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APPENDIX OF WP(C) 4055/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL PARKING OF AUTO RICKSHAWS IN FRONT OF THE PETITIONER'S SHED. Exhibit P3 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 13.12.2021 AND RECEIPT.

Abdul Rahiman v. the Secretary

Case brief

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What did the court decide?

Abdul Rahiman v. the Secretary

Case brief

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