IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 5476 of 2010(H) -------------------------------------- PETITIONER(S): --------------- ABDUL SALAM S/O.MAMMAD, KARASSERY SUPER MARKET, MUKKOM.P.O - 673 602, KOZHIKODE. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY. 4. THE SUB INSPECTOR OF POLICE, MUKKOM. 5. THE SECRETARY, MUKKOM GRAMA PANCHAYATH, MUKKOM. R1 TO R4 BY GOVERNMENT PLEADER MR. V.MANU R5 BY ADV. MR.P.J.MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5476/2010 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 14/04/2002. P2: COPY OF THE PHOTOGRAPH SHOWING THE PARKING OF UNAUTHORIZED VEHICLES IN FRONT OF THE ABOVE BUSINESS ESTABLISHMENTS 6. P3: COPY OF REPRESENTATION DTD. 5/12/09 BEFORE THE KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI. P4: COPY OF LETTER DTD. 9/12/09 TO THE SUB INSPECTOR OF POLICE. P5: COPY OF LETTER DTD. 9/12/09. P6: COPY OF THE COMPLAINT DTD.29/01/2010. P7: COPY OF THE COMPLAINT TO CHIEF MINISTER DTD. 29/01/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 5476 OF 2010 (H) -------------------------------------------------- Dated this the 9th day of March, 2010 J U D G M E N T Petitioner is the owner of Karassery Supermarket on the side of Mukkom -Kozhikode main road. 2. His grievance is regarding the indiscriminatory and unauthorised autorickshaw parking in front of his shopping complex. According to the petitioner, because of this, customers are not in a position to enter the shops or park their vehicles. Petitioner submits that as a result of this his business opportunities are affected. Petitioner refers to Ext.P1, an order dated 14th April, 2002, issued by the District Magistrate, Kozhikode by which parking of vehicles, both public and private, in the Mukkom town-Kozhikode main road, from post office junction to Abhilash junction has been prohibited. It is despite such prohibition that the autorickshaws are parked in the manner as shown in Ext.P2 photograph. 3. It is stated that the Vyapari Vyavasayi Ekopana Samithi had complained to the various authorities including Panchayat and police and that there has not been any action from any of the WPC.No. 5476/2010 :2 : authorities. It is in these circumstances that this writ petition has been filed praying for directing the respondents to implement Ext.P1 and to ban vehicle parking at the area mentioned in Ext.P1 order. 4. Learned Government Pleader has obtained instruction from the 4th respondent, the Sub Inspector of Police, Mukkom. According to the 4th respondent complaints were received by him and in order to resolve the issue he convened a meeting of the members of the Vyapari Vyavasayi Ekopana Samithi, members of Mukkom Grama Panchayat and the unions representing the auto rickshaw workers. It is stated that in the meeting a consensus was arrived at that at a time 5 goods auto rickshaws will be parked at the place mentioned in Ext.P1 and that by this process, the inconvenience is reduced to the maximum possible extent. It is undertaken that he will ensure that the consensus arrived at in the meeting ordered above is implemented. 5. Counsel appearing for the 5th respondent submits that the issue is not as grave as sought to be projected by the petitioner. He also submitted that the Panchayat has already initiated steps for allotting a parking place for auto rickshaws and WPC.No. 5476/2010 :3 : that the same will be expedited. 6. True, by Ext.P1, the vehicle parking is prohibited. Even in the absence of any such prohibition, the vehicles cannot be allowed to be parked in an indiscriminate manner affecting the rights of the pedestrians, consumers and business establishments. If any such parking is brought to the notice, it is up to the 4th respondent to take appropriate action in the matter. 7. Be that as it may, now that according to the 4th respondent a consensus has been arrived at among the parties, this court will not be justified in upsetting such a consensual decision. Therefore, in so far as the parking of auto rickshaws are concerned, it is directed that the 4th respondent shall take appropriate action for ensuring that the consensual decision is implemented without fail. 8. Going by the provisions of the Panchayat Raj Act and Rules framed thereunder, it is one of the responsibilities of the Panchayat to provide parking place. It was realizing this responsibility that the Panchayat has taken a decision to provide for parking place in the area in question. Having regard to the fact that it is a statutory obligation of the Panchayat, it is directed WPC.No. 5476/2010 :4 : that the Panchayat shall expedite the action for providing parking place for the auto rickshaws of Mukkom town. Writ petition is disposed of as above. Petitioner shall produce a copy of the judgment before respondents 4 and 5 who shall take necessary action in this behalf. (ANTONY DOMINIC) JUDGE vi/