IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3634 of 2010(D) ------------------------- PETITIONER(S): ------------------------- 1. NAJEEB T.,S/O.THANGALKUNJU, AGED 33, BADARIA MANIZL, VANDIPERIYAR P.O., IDUKKI DT. PROPRIETOR-BADARIYA STORES, VANDIPERIYAR). 2. SYED ABU THAHIR, S/O.P.K.MUHAMMADALI, AGED 45,'VIHAR' MANZIL, L.P.C.ROAD, VANDIPERIYAR,(PROPRIETOR-NO.1,HOTEL,VANDIPERIYAR) 3. M.H.MOHAMMED BIJILI,S/O.M.N.HASSAN PILLAI, AGED 43 YEARS, MUDAKKOLI PARAMBIL, NELLIMALA, VANDIPERIYAR,(PROPRIETOR-NAZ MEDICALS) 4. S.N.SAILANI, S/O.S.MUHAMMED,MUHAMMED NIWAS, NEAR MAZJIDIZUR VANDIPERIYAR, (PROPRIETOR-BISMI FRUITS, VANDIPERIYAR) 5. UMMER FAROOQ, S/O.SYED KHAN AGED 55, K.K.ROAD, VANDIPERIYAR, (PROPRIETOR,'KARAR' KADA) 6. S.K.BAZHEER, S/O.KHADER MYTHEEN RAWTHER, KINATTUKARAYIL HOUSE, NEAR MASJIDIZUR, VANDIPERIYAR, (PROPRIETOR-AZMI JIM CORNER). 7. R.ABDUL SALAM S/O.RAZAK MUEEN AGED 30, SOBHA HOUSE, VANDIPERIYAR P.O.(PROPRIETOR SOBHA PARADISE,VANDIPERIYAR) 8. M.NAZAR S/O.K.MOHAMMED, AGED 42, 'NEHAZ' MANZIL, VIKAS NAGAR, VANDIPERIYAR. 9. MUHZIN T.M.S/O.MUHAMMED ISMAIL, AGED 34,THYPARAMBIL HOUSE, VIKAS NAGAR, VANDIPERIYAR, (PROPRIETOR, KAVITHA COFFEE BAR) BY ADV. SRI.LIJI.J.VADAKEDOM WPC NO.3634/10 -2- RESPONDENT(S): ------------------------- 1. VANDIPERIYAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE VANDIPERIYAR-GRAMA PANCHAYAT VANDIPERIYAR. 2. THE SUB INSEPCTOR OF POLICE, VANDIPERIYAR POLICE STATION, VANDIPERIYAR, IDUKKI. 3. CIRCLE INSPECTOR OF POLICE,KUMILY, KUMILY P.O., IDUKKI DISTRICT. 4. THE DY.S.P.OF POLICE, KUMILY, KUMILY P.O., IDUKKI DISTRICT. 5. THE ASST.EXECUTIVE ENGINEER, N.H.KANJIRAPPALLY. GOVT.PLEADER SMT.K.R.DEEPA SRI.JOICE GEORGE, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 3634 OF 2010 (D) ===================== Dated this the 4th day of February, 2010 J U D G M E N T Petitioners are merchants in Vandiperiyar Town. Their grievance is that on account of the indiscriminate parking of autorickshaws in front of their shops, not only that the view of the shop is blocked, but even the ingress and egress for the customers is obstructed. It is stated that complaining of this situation, although they have filed representations to the authorities, even those representations have not evoked any response. It is in these circumstances the writ petition has been filed praying for a direction to the respondents to ensure that autorickshaw parking in front of the petitioners' shops do not affect the ingress and egress to their shops. Petitioners also seeks a direction against the Panchayat to provide parking place for autorickshaw at Vandiperiyar as it is the obligation of the Panchayat to provide such facility in terms of the provisions contained in the Kerala Panchayat Raj Act. 2. I heard the standing counsel appearing for the 1st respondent. WPC 3634/10 :2 : 3. In several judgments of this Court, it has been held that autorickshaws or other vehicles cannot be parked in such an indiscriminate manner causing obstruction to the shop keepers or customers. In this case, from the photographs produced by the petitioners, it would appear that there is justification in what the petitioners complain. Therefore, it is essentially for the 1st respondent to take a decision in this matter, and hence, I direct the 1st respondent to take a decision on Ext.P2 complaint made by the petitioners. It is directed that if the decision of the Panchayat on Ext.P2 is to regulate the autorickshaw parking, it will be open to the Panchayat to seek the assistance of respondents 2 and 3, in which event, the aforesaid respondents shall afford necessary assistance to the Panchayat to implement its decision. 4. Petitioners may produce a copy of this judgment along with a copy of this writ petition before the 1st respondent, who shall consider and pass orders on Ext.P2 in the manner as stated above, as expeditiously as possible, at any rate within 4 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp