IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 31725 of 2009(S) ------------ ----------------------- PETITIONERS: -------------------- 1. S.BABU,PRESIDENT, JANAKIYA PRETHIKARANA VEDI, IRITTY P.O.,KANNUR DISTRICT, RESIDING AT SANKARAMANGALAM, PAYANCHERY,IRITTY P.O., KANNUR DISTRICT. 2. V.SREEDHARAN, "SREERAGAM", KEEZHUR P.O., IRITTY, KANNUR DISTRICT. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ---------------------- 1. KEEZHUR-CHAVASSERY PANCHAYAT, REPRESENTED BY ITS SECRETARY, PUNNAD P.O., KANNUR DISTRICT. 2. THE PRESIDENT, KEEZHUR-CHAVASSERY PANCHAYAT, PUNNAD P.O., KANNUR DISTRICT. 3. THE DISTRICT COLLECTOR, KANNUR DISTRICT. 4. CIRCLE INSPECTOR OF POLICE, IRITTY. R1 & R2 BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN FOR R1 & R2 R3 & R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31725 OF 2009-S APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE REPORT PUBLISHED IN DEEPIKA DAILY DATED 4.3.2009 WITH ENGLISH TRANSLATION EXT.P2 TRUE COPY OF THE REPORT PUBLISHED IN DEEPIKA DAILY DATED 13.6.2009 WITH ENGLISH TRANSLATION EXT.P3 TRUE COPY OF THE REPORT PUBLISHED IN DESABHIMANI DAILY DATED 21.4.2009 WITH ENGLISH TRANSLATION EXT.P4 TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 8.10.2009 WITH ENGLISH TRANSLATION EXT.P5 TRUE COPY OF THE REPORT PUBLISHED IN MADYAMAM DAILY DATED 2.10.2009 WITH ENGLISH TRANSLATION EXT.P6 TRUE COPY OF THE GIFT DEED DATED 23.11.1983 EXECUTED BY SRI.KUNHIKANNAN EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 16.6.2009 SUBMITTED BY THE 1ST PETITIOENR BEFORE 1ST RESPODNENT WITH ENGLISH TRANSLATION EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 24.9.2009 SUBMITTED BY THE 1ST PETITIONER ALONG WITH 26 OTHERS BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSLATION EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 12.10.2009 SUBMITTED BY THE PETITIONERS ALONG WITH OTHERS BEFORE THE SECRETARY OF THE 1ST RESPONDENT PANCHAYAT WITH COPY TO THE 2ND RESPONDENT WITH ENGLISH TRANSLATION RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE PROCEEDINGS DATED 22.10.09 WITH ENGLISH TRANSLATION EXT.R1(b) TRUE COPY OF THE REQUEST MADE BY 1ST RESPONDENT DATED 30.10.09 WITH ENGLISH TRANSLATION EXT.R1(c) TRUE COPY OF THE DECISION OF THE PANCHAYAT DATED 22.10.09 WITH ENGLISH TRANSLATION. / TRUE COPY / S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.31725 of 2009 ------------------------------------------ Dated this the 7th day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed alleging inaction on the part of the first respondent Panchayat in providing enough parking space for taxies and other vehicles which are now being parked on the side of the road obstructing vehicular movement on Thalasserry - Mysore National Highway, especially at Iritty. 2. It is contended that there are more than 150 taxi-cars and jeeps at Iritty plying between Thalasserry and Mysore and unless enough parking space is provided the vehicular movement on the National Highway would be affected. 3. On issuance of notice, the first respondent is represented by counsel and a counter affidavit has been filed, inter alia, contending that steps are being taken to provide parking space for taxies and other vehicles in Iritty town. In this regard, it is submitted that the Panchayat has already initiated action by requesting the Irrigation Department to hand over the vacant land in their possession for this purpose. It is also W.P.(C) No.31725 of 2009. - 2 - stated that there is a temporary place available in R.S.No.133/1B which can be used for the immediate purpose. 4. In the interests of justice, we deem it proper to direct the first respondent to provide immediate parking space for taxies and other vehicles in R.S.No.133/1B awaiting the land requested from the Irrigation Department. All necessary arrangements for an effective parking of taxies and other vehicles in Iritty shall be made within four weeks from today. With this direction, the writ petition is disposed of with liberty to the petitioner to approach this court once again if the direction is not properly carried out. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns