IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 5824 of 2008(R) ------------------------------------- PETITIONER: ------------------ SRI.PYLAPPAN, PYLEES JEWELLERY, NEAR ANCHUVILAKKU, HIGH ROAD, TRICHUR-1. BY ADV. SRI.SARVOTHAMAN RESPONDENTS: ----------------------- 1. REGIONAL TRANSPORT AUTHORITY (R.T.A) REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICER, OFFICE OF THE R.T.O., THRISSUR. 2. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, TRICHUR. 3. SUB INSPECTOR OF POLICE, EAST POLICE STATION, TRICHUR. 4. CIRCLE INSPECTOR OF POLICE, THRISSUR EAST. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5824/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PHOTOGRAPH TO SHOW THE VIEW OF UNAUTHORISED PARKING OF AUTORICKSHAWS IN FRONT OF THE PETITIONER'S SHOP. EXT.P1(a):- COPY OF THE ANOTHER PHOTOGRAPH TO SHOW THE VIEW OF UNAUTHORISED PARKING OF AUTORICKSHAWS. EXT.P2:- COPY OF THE VAT RECEIPT DT. 5.1.08. EXT.P2(a):- COPY OF THE VAT RECEIPT DT. 7.1.08 ISSUED TO THE PURCHASERS. EXT.P3:- COPY OF THE COMPLAINT DT. 14.1.08 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3(a):- COPY OF THE ACKNOWLEDGEMENT FOR THE RECEIPT OF THE COMPLAINT OF THE PETITIONER FROM THE EAST POLICE STATION, THRISSUR BEARING NO.188/PTN/TE/08 DT. 30.1.08. EXT.P4:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DY.S.P., THRISSUR ON 18.1.08. EXT.P5:- COPY OF THE COMPLAINT FILED BY THE PETITIONER ON BEHALF OF HIS WIFE BEFORE THE 2ND RESPONDENT ON 31.1.08. EXT.P5(a):- COPY OF THE RECEIPT NO.2534 DT. 31.1.08 ISSUED FROM THE TRICHUR CORPORATION ACKNOWLEDGING THE RECEIPT OF EXT.P5. EXT.P6:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 11.2.08. EXT.P6(a):- COPY OF THE ACKNOWLEDGEMENT IN RECEIPT OF EXT.P6 ISSUED FROM RTO., THRISSUR DT. 13.2.08. EXT.P7:- COPY OF THE CITATION REPORTED IN 1996(1) KLT 490. EXT.P8:- COPY OF THE JUDGMENT IN WP(C) NO.24364/05 DT. 5.10.05 OF THIS HONOURABLE COURT. EXT.P9:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT. 13.2.08. EXT.P9(a):- COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF EXT.P9 DT. 13.2.08. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5824 of 2008 ------------------------------------- Dated: MARCH 25, 2008 JUDGMENT The complaint of the petitioner is regarding parking of autorickshaws in front of his shop and thus obstructing the ingress and egress to him and his customers. 2. Ext.P1 photograph shows that autorickshaws are parked in such a manner that the ingress and egress to the petitioner's shop is obstructed. The respondents have no case that it is an authorised parking station. Even if it is an authorised parking station, that cannot lead to a situation that the access to the petitioner's shop is prevented. A similar situation to this has been considered by this court in Joseph v. Disttrict Magistrare - 1996 (2) KLT 490 wherein it has been held that parking of vehicles in a manner creating obstruction to access is illegal. 3. Following the law as laid down by this court in the judgment referred to above, this writ petition is disposed of directing that respondents 3 and 4 shall ensure that the vehicles are WP(C) 5824/08 Page numbers not parked in front of the petitioner's shop resulting in obstruction to ingress and egress to the shop of the petitioner. Petitioner shall produce a copy of this judgment before respondents 3 and 4 for compliance. ANTONY DOMINIC, JUDGE mt/-