IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 15144 of 2011(P) -------------------------------------- PETITIONER: ------------------- THOMAS SEBASTIAN, S/O.SEBASTIAN, AGED 50 YEARS, RESIDING AT CHETTAYIL HOUSE, KALTHOTTY P.O., IDUKKI DISTRICT. BY ADVS. SRI.C.K.PAVITHRAN, SRI.M.VIVEK. RESPONDENTS: ------------------------ 1. P.K.GOPI, PRESIDENT, HIGH RANGE MOTOR TRANSPORT ASSOCIATION, KATTAPPANA, RESIDING AT PUTHENPURAKKAL HOUSE, KATTAPPANA P.O - 685 508. 2. M.K.BALACHANDRAN, SECRETARY, HIGH RANGE MOTOR TRANSPORT ASSOCIATION, KATTAPPANA, RESIDING AT MEVARAYATT, KOCHUTHOVALA P.O – 685 510. 3. P.MOHANAN, S/O.PADMANABHAN, AGED ABOUT 49 YEARS, PANAMVILAYIL, ELITEPADY, KATTAPPANA P.O., - 685 508. 4. PHILIP ABRAHAM @ TOMY, S/O.PHILIP, AGED 50 YEARS, RESIDING AT KURUVIKKATTU, KALTHOTTY P.O- 685 507. 5. K.A.THOMAS, S/O.AUGUSTHY, AGED 50 YEARS, RESIDING AT KANIYANCHIRAYIL, NARIYAMPARA P.O – 685 511. W.P.(C). NO.15144/2011-P: 6. THE SUB INSPECTOR OF POLICE, KATTAPPANA-685 508. 7. THE CIRCLE INSPECTOR OF POLICE, KATTAPPANA-685 508. *ADDL. R.8. IMPLEADED: 8. THE SECRETARY, KATTAPPANA GRAMA PANCHAYAT, KATTAPPANA.P.O. *IMPLEADED AS PER ORDER DTD. 20/06/11 IN I.A. NO. 9590/11. **ADDL.R.9. IMPLEADED: 9. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS, KATTAPPANA SUB DIVISION. **IMPLEADED SUO MOTU AS PER ORDER DT. 20/07/11. R1 TO R5 BY ADV. SRI.P.K.RAVISANKAR, R6,R7 & ADDL. R9 BY GOVT. PLEADER SMT. CHARISMA, R8 BY ADV. SRI.JOICE GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15144/2011-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 25/05/2011. EXT.P.2: COPY OF THE RECEIPT NO.386/11 DTD. 25/5/2011 ISSUED BY THE R.6. EXT.P.3: COPY OF THE ORDER IN I.A. 712/09 IN O.S. 176/09 DTD. 06/11/09. RESPONDENTS' EXHIBITS: EXT.R1.(A): COPY OF THE ORDER DTD. 12/03/2010 IN C.M.A. 18/2009 ON THE FILE OF SUB COURT, KATTAPPANA. EXT.R8(A): COPY OF THE STATEMENT FILED BY THE COUNSEL FOR THE R.1. IN W.P.(C). NO.21209/2006 DTD. 30/10/2006. //TRUE COPY// P.S. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 15144 of 2011 ----------------------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner who claims to be the owner of two Mahindra pick up vehicles with registration Nos. KL37-2962 and KL37A 3264 has approached this Court complaining that respondent Nos. 1 to 5 who are functionaries of drivers union in the area are obstructing him from parking his vehicles at the vacant area available near Asoka Junction. According to the petitioner the vacant area is PWD road purambokku and the same being used by drivers of various vehicles operating in the area for parking. Respondents 1 to 5 are not entitled to obstruct the petitioner from parking his vehicles also. 2. The party respondents have filed a detailed counter affidavit wherein they claim that the disputed area is in their absolute possession. According to them, the Panchayat has WP(C).15144/11 -2- not established any parking stand and the party respondents are entitled to make use of the vacant space available under their possession in whatever manner they choose. The learned counsel for the Panchayat submitted that it is true that the Panchayat has not established any parking stand at or near Asoka Junction. In the wake of the controversy as to who has ownership and possession over the vacant land claimed by the petitioner and the party respondents we directed the learned Govt. Pleader to get instructions from the concerned and apprise us of the situation. The learned Govt. Pleader submitted that the property is PWD purambokku and as directed by us the Assistant Engineer of the concerned section of the PWD has filed a statement on 25-7-2011. This is what is stated therein. “Vide order dated 20-07-2011 this Hon'ble Court was pleased to direct the additional 9th respondent to file a statement regarding the ownership and possession of the property which is subject matter of the dispute WP(C).15144/11 -3- involved in this writ petition. With respect to the ownership and possession of the said property, it is submitted that an open space including the tarred surface at Asoka Junction belongs to Public Works Department. The said portion is required for the development of Thodupuzha - Puliyanmala P.W.D. road. Even though the said portion is used as parking space by auto rickshaws etc., it is not an authorized stand. The said portion is having only a width of 2 metre approximately”. 3. We have heard the learned counsel for the petitioner and the counsel appearing for the Panchayat Mr. Joice George and the learned Govt. Pleader. We are not impressed by the submission of Mr. Ravisankar that the property in question is in the exclusive possession of the party respondents. According to us, the party respondents being the functionaries of the drivers union and owners in the area are appropriating the entire area which belongs to the Public Works Department for their own purposes as if the area belongs to them or is in their absolute possession. We don't find any special right in party respondents to claim exclusive user of the area. Admittedly, the petitioner WP(C).15144/11 -4- is the owner of Mahindra pick up van having registration No. KL37-2962. We direct the 6th respondent to ensure that the petitioner is not obstructed from parking his vehicle having registration No. KL37 2962 on the disputed area. However, there will be a further direction that the 6th respondent will ensure that no law and order situation arises on account of the tussle between the petitioner and the unions over space for parking. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-