IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 15041 of 2007(N) -------------------------- PETITIONER(S): --------------- 1. ABDUL SALAM, RIYA STORES, PANCHAYAT BUILDINGS NO.A3/151, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. SHAHAL. J., ZAM ZAM RESTAURANT, PANCHAYAT BUILDING NO.A3/70, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 3. BAREESHA. B., AMINA TRADERS, PANCHAYAT BUILDING NO.A3/69, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 4. ABDUL ZEEZ, AL-AIN TRADERS, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. GIREESH KUMAR. L., LAKSHMANA JEWELERY, PANCHAYAT BUILDING NO.A3/252, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 6. SHIHABUDHEEN. N., MOOLAKKADA STORES, PANCHAYAT BUILDING NO.A3/87, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 7. SIRAJUDHEEN. A., RATHANAMAHAL JEWELERY PANCHAYAT BUILDING NO.A3/264, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TLAUK, KOLLAM DISTRICT. 8. M.K. SHEREEF, SHAN TRADERS, PANCHAYAT BUILDING NO.A3/162, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 9. M.K. HASHIM, K.M.K.STORES, PANCHAYAT BUILDING NO.A3/161, KUNNIKODE, VILAKKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.P.SHAHUL HAMEED SRI.RAJESH THOMAS SRI.T.K.FEROZE KHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT ROAD SAFETY COMMITTEE, KOLLAM DISTRICT. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 4. VILAKKUDY GRAMA PANCHAYAT, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 5. THE CIRCLE INSPECTOR OF POLICE, PUNALUR, KOLLAM DISTRICT. 6. THE SUB INSPECTOR OF POLIE, KUNNIKODE, KOLLAM DISTRICT. 7. THE SECRETARY, TEMPO DIREVER'S UNION-INTUC, KUNNIKODE-691 508, KOLLAM DISTRICT. 8. THE SECRETRY, TEMPO DIRVER'S UNION, CITU, KUNNIKOE-691 508, KOLLAM DISTRICT. ADV. SRI.S.RAJEEV FOR R.7 SRI.K.V.VINODKUMAR FOR R.7 SRI.VARGHESE C.KURIAKOSE FOR R4 SRI.PRAVEEN K. JOY FOR R4 GOVERNMENT PLEADER SMT.N.SUDHADEVI, FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 15041/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE PHOTOGRAPHS OF PARKING VEHICLES. P2. COPY OF THE REPRESENTATION DTD.7.11.06 TO R4 AND R6. P3. COPY OF THE ACKNOWLEDGEMENT CARD. P4. COPY OF THE REPRESENTATION DTD.24.3.07 TO R2, R3, R4 AND R5. P5. COPY OF THE RECEIPTS DTD.18.4.07. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.15041 of 2007 ================== Dated this the 22nd day of May, 2009 J U D G M E N T The petitioners are merchants who are conducting various business in various buildings along the side of National High Way No.208 (Kollam-Chenkotta) at Kunnikode Junction. The petitioners' grievance in this writ petition is against parking of vehicles in front of their shop rooms causing obstruction to ingress and egress of customers to their shops. The petitioners seek the following reliefs: “(i) issue a writ of mandamus or other appropriate writs, orders, or direction, directing the respondents 2 to 6 to prohibit the parking of taxi vehicles in front of the petitioners' business premises comprised in Sy Nos.49/16, 390/4 and 390/4/27 of Vilakkudy Village and to relocate such parking area to other suitable locations. (ii) declare that the petitioners herein have a right to have free access to the Highway from their business premises comprised in Sy Nos.49/16, 390/4 and 390/4/27 of Vilakudy Village. (iii) issue a writ of mandamus or other appropriate writs, orders or direction directing the 2nd respondent to consider Ext.P4 Statutory representation before the District Road Safety Committee, filed by the petitioners.” 2. On 24.8.2007 I had passed an interim order directing respondents 2 to 6 to see that no vehicles are parked in front of the petitioners' shop. The learned counsel for the petitioners submits that in view of the interim order, there is no parking at present. 3. A counter affidavit has been filed by the 2nd respondent practically admitting that there is parking of vehicles in front of the petitioners' shop rooms. It is also stated in the counter affidavit that w.p.c.15041/07 2 on the northern side of Kunnikkode town, the alternative place as pointed out by the petitioners is available. But, according to them, that place is not sufficient for parking facilities. It is further submitted in the counter affidavit that the primary responsibility of providing parking place is that of the panchayat committee and a joint effort in that regard is necessary by all the concerned. 4. A counter affidavit has been filed by the 8th respondent also disputing the contentions of the petitioners. 5. The right of the merchants conducting business in the shop rooms by the side of the NH and other roads for easy access to the road cannot be overemphasised. Every shop owner has a right to clear access to the road from his shop unhindered by parking of vehicles in front of the same. Respondents 7 or 8 or anybodyelse has no unfettered right to park vehicles in front of the shop rooms. If they want parking place it is upto them to persuade respondents 2 to 6 to delineate appropriate parking place elsewhere. The place in front of the shop rooms of the petitioners cannot be made use of for the same. In the above circumstances, this writ petition is disposed of with a direction to respondents 2 to 6 to see that no vehicles are parked in front of the petitioners' shop rooms, continuing to abide by the interim order dated 24.8.2007. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.15041/07 3