IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WA.No. 1276 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5476/2010 Dated 09/03/2010 .................... APPELLANT(S): PETITIONER IN WPC. -------------------------------- ABDUL SALAM , S/O.MAMMAD, KARASSERY SUPER MARKET, MUKKOM PO, 670 002, KOZHIKODE BY ADV. SRI.M.V.BOSE RESPONDENT(S): RESPONDENT IN WPC. --------------------------------- 1. 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. ADV. SRI.P.J.MATHEW FOR R5 MS.K.MEERA, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.A. No.1276 of 2010 .................................................................... Dated this the 2nd day of February, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge recording the consensus arrived at by the respondents for providing parking facility on the road side in front of shops including that of the appellant's. 2. We have learned counsel for the appellant, learned Standing Counsel for the Panchayat and learned Government Pleader appearing for the remaining respondents. 3. Photographs produced in this Court show that goods autorickshaws are parked in the entire road side. These autorickshaws obviously are transporting goods sold by these shop owners, and therefore basically the appellant and other shop owners are also the beneficiaries of the goods vehicles. Necessarily, the availability of goods vehicles only will promote sales in the shops. Learned Standing Counsel for the Panchayat submitted that budget W.A.No.1276/2010 -2- allocation is made for acquisition of land for providing vehicle parking. In between, some arrangement has to be necessarily made for arranging parking of vehicles and at the same time, preventing complete blocking of shop rooms. Learned Government Pleader, who took instructions from the Sub Inspector of Police, submitted that shops are not blocked by parking, and in fact, very few vehicles are allowed to be parked on the road side. However, learned counsel for the appellant, brought to our notice Ext.P2 photograph which shows that goods autorickshaws are parked very close to each other blocking almost the entire front portion of several shop rooms including that of the appellant. We feel, it would be better for the Police to mark parking slots by leaving space in between, so that sufficient space is provided between two parking slots for public entry and for providing space for vehicles to drop and leave goods and passengers. The Writ Appeal is accordingly disposed of modifying the judgment with a direction to the Sub Inspector of Police to mark parking slots by providing sufficient space in between. However, we make it clear that the Police should not make it in a way favourable W.A.No.1276/2010 -3- to some shop owners and disadvantageous to some others. Suggestions from the Secretary of the Merchant Association and Autorickshaw Drivers' Association also should be considered before marking the parking slots and no-parking areas. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg