IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 32430 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------- 1. E.J.YOHANNAN, EETTIKKALL VEEDU, MUNDIAPPALLY, KUNNAMTHANAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. SREEKUMAR.M, MALAKKATTIL HOUSE, KOTTOOR P.O., KAVIYOOR, THIRUVALLA. 3. SUBRAMANIYAN.P., PARAKKULAM, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV.MR.LALJI P.THOMAS RESPONDENT(S): --------------------------- 1. SECRETARY, KUNNAMTHANAM GRAMA PANCHAYATH, THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. SUB INSPECTOR OF POLICE, KEEZHVAIPUR, MALLAPPALLY, PATHANAMTHITTA DISTRICT. 3. PRESIDENT, AUTO RICKSHAW DRIVERS UNION (CITU), KUNNAMTHANAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. R1 BY ADV. MR.T.P.PRADEEP R2 BY GOVERNMENT PLEADER MR. I.V.PRAMOD R3 BY ADV.SMT.PREEJA. P.VIJAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32430/2009 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P2: COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P3: COPY OF THE PHOTOGRAPH OF THE AUTORICKSHAWS PARKING INFRONT OF THE PETITIONER'S SHOPS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 32430 OF 2009 ............................................ DATED THIS THE 3rd DAY OF DECEMBER, 2009 JUDGMENT The petitioners are owners of shops within the limits of the first respondent panchayat. They say that they are aggrieved by the indiscriminate parking of autorikshaws in a manner adversely affecting their commercial interest in the shops from which they carry out trade as avocation. The panchayat states that the area is predominantly a peaceful one and that it would not be conducive to issue specific directions to clear off the autorickshaws. The learned Government Pleader states on instructions from the police that the building of the petitioners came up about three years ago while the autorickshaws are parked for the last twenty years in the place. 2. Live and let live, is a concept Wpc 32430/09 2 appropriately applied in managing different jurisdictions and to balance the competing interests in the society. While the petitioners hold out their commercial interest attendant to their livelihood, the requirement of the autorickshaw drivers and owners to generate income and their subsistence, also cannot be overlooked. Above all, there should be peace and tranquility. The management of parking areas is essentially a matter for the transport authority or the panchayat. In areas where there is likelihood of enormous traffic problems, that may require immediate action. Taking different aspects into consideration, including what is shown by the petitioners in Ext.P3, it is ordered that police will ensure that autorickshaws shall not be parked in a manner that it adversely affects appropriate ingress and egress to the shop rooms of the Wpc 32430/09 3 petitioners particularly because the nature of trade of the petitioners would definitely attract good number of consumers. This writ petition will stand ordered with the aforesaid directions. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/5/12