The High Court disposed of the writ petition by making the interim order dated 08-11-2022 absolute, directed to the traffic regulatory body to prevent unauthorized parking blocking ingress and egress.
The interim order dated 08-11-2022 directing the 3rd respondent to ensure ingress and egress are not blocked was made absolute.
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 GOPINATH P.
FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945
WP(C) NO. 23358 OF 2022
PETITIONER/S:
2 SUBHA RAJAN, AGED 38, W/O VINOD G, KIZHAKKEVILA AMMAVEED, VELLIMON P O, KERALAPURAM, KOLLAM-691511. BY ADVS. SAJU J PANICKER KURIAN K JOSE
RESPONDENT/S:
W.P (C) No.23358/2022
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BY ADVS. SHRI.PRATHEESH P., SC, KOTTAMKARA GRAMA PANCHAYAT P.MOHANDAS(ERNAKULAM) P. B.K.GOPALAKRISHNAN B.N.HASKAR S.VIBHEESHANAN(V-216) K.SUDHINKUMAR(K/572/2014) SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) K.P.SATHEESAN (SR.)(S-242)
OTHER PRESENT:
SMT. DEVISHRI R (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.23358/2022
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J U D G M E N T
The petitioners had approached this court being aggrieved by the fact that there was an unauthorised parking of Autorickshaws in front of the building of the petitioners. The 2nd respondent panchayat has filed a counter affidavit stating that there was no authorised Autorickshaw stand in front of the building of the petitioners. In the light of the above this court on 08-11-2022 passed the following interim order;
“Standing Counsel submits that there is no authorised auto parking stand in front of petitioner's building.
Admit.
Standing Counsel takes notice for R1, R2 and R6. Government Pleader takes notice for R4 and R3. Issue urgent notice by speed post to R5 and R7.
In the meanwhile, pending disposal of the writ petition, there will be a direction to the 3rd respondent to ensure that the ingress and egress to the petitioners' building is not blocked by any unauthorised parking.
that presently there is no hindrance to the ingress and egress of the petitioners and therefore the writ petition can be disposed of making the interim order dated 08-11-2022 absolute.
The facts and circumstances of the case and considering the interim order dated 08-11-2022, this writ petition will stand disposed of making the interim order dated 08-11-2022 absolute.
Sd/- GOPINATH P. JUDGE
AMG
W.P (C) No.23358/2022
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APPENDIX OF WP(C) 23358/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE LAND TAX RECEIPT, DATED 11/07/2022 ISSUED BY KOTTAMKARA VILLAGE OFFICE. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE PHOTOGRAPH OF THE UNAUTHORIZED AUTO RICKSHAW STAND IN FRONT OF THE PETITIONERS' BUILDING. |
| Exhibit P2 A | TRUE COPY OF THE PHOTOGRAPH OF THE UNAUTHORIZED AUTO RICKSHAW STAND IN FRONT OF THE PETITIONERS' BUILDING. |
| Exhibit P3 | TRUE COPY OF THE LETTER NO. 2/M/3061/22, DATED 30/06/2022 OF THE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE, KOLLAM. |
| Exhibit P4 | TRUE COPY OF THE COMPLAINT, DATED 08-07-2022 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. |
| Exhibit P4 A | TRUE COPY OF RECEIPT, DATED 08-07-2022 OF THE EXT P4 COMPLAINT. |
| Exhibit P5 | TRUE COPY OF THE COMPLAINT, DATED 08-07-2022 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. |
| Exhibit P5 A | TRUE COPY OF RECEIPT, DATED 08-07-2022 OF THE EXT P5 COMPLAINT. |
| Exhibit P6 | TRUE COPY OF THE COMPLAINT, DATED 07-07-2022 FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. |
| Exhibit P7 | TRUE COPY OF THE COMPLAINT, DATED 07-07-2022 FILED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. |
VINOD G
SUBHA RAJAN
KOTTAMKARA GRAMA PANCHAYAT
THE STATION HOUSE OFFICER, KUNDARA POLICE STATION
THE TRAFFIC REGULATORY COMMITTEE, KOLLAM
GOPINATH P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
