IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 35480 of 2009(D) ---------------------------------- PETITIONER(S): ------------------- 1. K.J.ISSAC, KARROOR BHAVAN, KATTANAM, PALLICKAL P.O., MAVELIKARA, ALAPPUZHA DISTRICT. 2. K.C.MATHEW, KOTTAPUZHAKKAL, BHARANICKAVU SOUTH, BHARANICKAVU P.O., MAVELIKARA, ALAPPUZHA DISTRICT. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKARA. 3. THE SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, ALAPPUZHA. 4. THE REGIONAL TRANSPORT AUTHORITY, MAVELIKARA. 5. THE ASSISTANT ENGINEER, PWD, KATTANAM SECTION, MAVELIKARA, ALAPPUZHA. 6. BHARANICKAVU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALLICKAL P.O., MAVELIKARA. 7. SECRETARY, BHARANICKAVU GRAMA PANCHAYATH, MAVELIKARA. R1 TO R5 BY GOVT. PLEADER SRI.BIJU MEENATTOOR R6-7 BY ADV. SRI.RASHEED C.NOORANAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 35480/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PHOTOGRAPHS SHOWING THE NEW PARKING SPACE. P2: COPY OF REPRESENTATION DATED 28/10/2009. P3; COPY OF LETTER TO 5TH RESPONDENT DATED 03/11/2009. P4: COPY OF PHOTOGRAPH SHOWING THE OLD PARKING AREA. P5: COPY OF SUMMONSES ISSUED BY 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 35480 of 2009 --------------------------------------- Dated this the 28th day of October 2011. JUDGMENT Learned counsel for the petitioners submits that it is the duty of the 6th respondent to provide parking facilities to the members of the Union which they have done and the said members used the same for a long time without causing any problem to the public. However, subsequently, the 6th respondent informed the petitioners that for undertaking some development work at Kattanam junction they are directed to shift the taxi stand to another place provided by the 6th respondent. Petitioners agreed to the proposal. Accordingly, they have occupied the new area provided by the 6th respondent. 2. In the counter affidavit filed by the 6th respondent, in Paragraph 7, it is stated that the newly provided place for taxi stand is an ideal place in the area and that it is situated on the Northern side of K-P Road and that there is sufficient space to park the taxis. It is further stated that Ext.P2 representation submitted by the petitioners' Union was duly considered and complaints were solved and parking space is duly cleared. 3. In the light of the contentions raised by 6th respondent that they have provided sufficient parking space for the taxies, no further orders are necessary. The 6th respondent shall see that the space provided for parking taxis is an open area and if there is any obstruction for the smooth parking, the obstruction shall be removed within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of . HARUN-UL-RASHID JUDGE al