IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 33845 of 2007(D) ---------------------------------------- PETITIONER: --------------------- K.RAVEENDRAN, S/O. ARUMUGHAN, KAVETH HOUSE, NIRAMARATHOOR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------------------ 1. THE NIRAMARATHOOR GRAMA PANCHAYATH, NIRAMARATHOOR, TIRUR TALUK, REPRESENTED BY THE SECRETARY. 2. THE SUB INSPECTOR OF POLICE, TANUR. *ADDL.R3 & R4 ARE IMPLEADED: R3. P.V.MUSTHAFA, S/O.ABDULLA, PUTHIYA VEETIL HOUSE, NIRAMARATHUR AMSOM DESOM, NIRAMARATHUR P.O., TIRUR TALUK. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD.20/11/2007 IN I.A.NO.15411/07) **ADDL.R4 IS IMPLEADED: R4. MALAPPURAM JILLA MOTOR & ENGINEERING MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY M.VELAYUDHAN, BMS OFFICE, PARAPPANANGADI P.O., MALAPPURAM DISTRICT. (**ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 2/01/2008 IN I.A.NO.16938/2007) R1 BY ADV. SRI.P.V.SURENDRANATH SRI.N.NAGARESH R3 BY ADV. SRI.M.P.VIJAYAN R4 BY ADV. SRI. T.V.VINU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33845/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE COMPLAINT BY THE PETITIONER. EXT.P2: COPY OF THE PETITION BY THE PETITIONER. EXT.P3: COPY OF THE POSTAL RECEIPT. EXT.P4: COPY OF THE REPLY BYTHE RESPONDENT. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE PHOTOGRAPH SHOWING THE PARKING OF THE AUTORICKSHAW AND PETITIONER'S SHOP. EXT.R1(B): COPY OF THE PHOTOGRAPH SHOWING THE PARKING OF THE AUTORICKSHAW AND PETITIONER'S SHOP. EXT.R1(C): COPY OF THE PHOTOGRAPH SHOWING THE PARKING OF THE AUTORICKSHAW AND PETITIONER'S SHOP. 4TH RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE RESOLUTION NO.399) DTD. 24/10/2007 OF THE NIRAMARATHOOR GRAMA PANCHAYATH ALONG WITH COVERING LETTER DTD. 4/12/2007. EXT.R4(B): PHOTOGRAPHS OF THE MAIN ROAD, PANCHAYATH ROAD AND PETITIONER'S SHOP. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.33845 of 2007 ---------------------------------- Dated this the 27th day of February , 2008 JUDGMENT The grievance of the petitioner in this writ petition, who owns a bakery by name “Tripthi Bakery” in a building which is situated on the corner where Pookayil – Unniyal PWD Road and the Mangattu – Vallikanhiram Panchayat road meets, is that he is being put to much hardship on account of parking of autorickshaws by the side of the Panchayat road in such a manner as to prevent the entry of the customers to the petitioner's shop and also to prevent the parking of the petitioner's own delivery vehicles used for collecting the petitioner's products for sale and for bringing things to the bakery. 2. The prayers of the petitioner are to direct the respondent viz, Panchayat and Sub Inspector of Police to permit parking of an autorickshaw in such a manner only as not blocking the entry to the bakery of the petitioner from any part of the Mangattu – Vallikanhiram road. Further direction sought for is to direct the respondents to remove obstructions to the entry into the bakery of the petitioner from any portion of the road. 3. Subsequently, the additional 3rd respondent; driver cum WP(C)N0 33845/07. -2- owner of autorickshaw and additional 4th respondent Malappuram Jilla Motor & Engineering Mazdoor Sangh (BMS) were impleaded in the writ petition. Separate counter affidavits have been filed by the Panchayat and additional respondents 3 and 4. 4. I have heard the submissions of Sri.K.K.Mohammed Ravuf the learned counsel for the petitioner, Sti.T.V.Binu representing Advocate Sri.Nagaresh and also Sri.P.V.Surendranath, the learned counsel for the Panchayat. 5. The submissions of the learned counsel were founded on the pleadings of their respective parties. Having anxiously considered the rival submissions in the light of the pleadings and the materials placed on record, especially the photographs which give me a vivid idea regarding the location of the petitioner's shop room and the two road mentioned in the writ petition, I am of the view that the only relief which can be aspired for by the petitioner is to have access to his shop room from the PWD road as well as the Panchayat road. 6. Accordingly I dispose of the writ petition declining relief No.2 sought for in the writ petition and granting relief No.1 to the limited extent of directing the second respondent to ensure that no autorickshaw is parked on the Mangattu – Vallikanhiram Road close to WP(C)N0 33845/07. -3- the petitioner's shop in such a manner as to completely prevent the petitioner's customers and workers from entering the petitioner's shop from that road. There will also be a direction to the additional third and fourth respondents to permit the parking of the petitioner's delivery van close to his shop for short periods during the morning hours from 9 a.m. To 10 a.m. and during the afternoon hours from 3 p.m. to 3.30 p.m. and 6.30 p.m. to 7 p.m. for the limited purpose of bringing and taking goods to and from the bakery. (PIUS C.KURIAKOSE, JUDGE) ksv/3308