IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 29509 of 2010(K) ------------------------------------ PETITIONERS: -------------------- 1. T.S.SOMAN, THEKKE MALAYIL, KULAYETTIKKARA.P.O., AMBALLOOR. 2. MOIDEENKUTTY, KALAYIL HOUSE, KULAYETTIKKARA.P.O., AMBALLOOR. 3. ABDUL KAREEM.K.M.,KUNNAMKULATHIL HOUSE, KULAYETTIKKARA.P.O., AMBALLOOR. 4. NISHA SHAMEER, THOUFEEQUE MANZIL, KULAYETTIKKARA.P.O., AMBALLOOR. 5. BASHEER.P.A., POYYATTIL HOUSE, KULAYETTIKKARA.P.O., AMBALLOOR. 6. HAKIM.P.A., POYYATTIL HOUSE, KULAYETTIKKARA.P.O., AMBALLOOR. BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SMT.RABIA BEEGAM T.K. SMT.M.KABANI DINESH RESPONDENTS: ---------------------- 1. AMBALLOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANJIRAMATTOM.P.O., ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MULANTHURUTHY, ERNAKULAM. 3. SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM. R1 BY ADV. SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: .....2/- WP(C).No. 29509 of 2010(K) --2-- A P P E N D I X PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE LICENCE ISSUED TO THE 1ST PETITIONER BY 1ST RESPONDENT PANCHAYAT. EXT.P1(a):- COPY OF THE TAX RECEIPT REGARDING PAYMENT OF THE BUILDING TAX. EXT.P2:- COPY OF THE LICENCE DTD. 19.6.2010 ISSUED TO THE 2ND PETITIONER BY THE 1ST PETITIONER PANCHAYATH. EXT.P3:- COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT PANCHAYATH TO THE 3RD PETITIONER. EXT.P3(a):-COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF THE BUILDING TAX, 3RD PETITONER. EXT.P4:- COPY OF THE LICENCE ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 4TH PETITIONER. EXT.P4(a):-COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF THE BUILDING TAX. EXT.P5:- COPY OF THE LICENCE ISSUED TO THE 5TH PETITIONER BY 1ST RESPONDENT. EXT.P5(a):- COPY OF THE TAX RECEIPT EVIDENCING PAYMENT OF BUILDING TAX. EXT.P6:- PHOTOGRAPHS SHOWING PARKING OF AUTORIKSHAW AND TRAFFIC CONGESTION ETC, IN THE AYARANKAVU JUNCTION. EXT.P7:- COPY OF THE JUDGMENT O.P.21295/97 DTD. EXT.P8:- COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DTD. 11.3.2010. EXT.P9:- COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA DAILY DTD. 2.1.2010. EXT.P10:- PHOTOGRAPH TAKEN ON 24.2.2011 SHOWING PARKING OF AUTORIKSHAS IN FRONT OF THE PETITIONERS SHOPS. RESPONDENT'S EXHIBITS:- EXT.R1(a):-COPY OF THE RESOLUTION DATED 28-12-2010 OF THE 1ST RESPONDENT PANCHAYATH. //TRUE COPY// P.A. TO JUDGE WP(C).No. 29509 of 2010(K) --3-- C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.29509 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of March, 2011 J U D G M E N T This writ petition has been filed with the prayer to issue a writ of mandamus commanding the first respondent Panchayath to provide parking space for the auto rickshaws, which are being parked in front of the petitioners' shop, so as to facilitate the petitioners to smoothly run their business without any obstruction to the free ingress and egress to their shops, and for such other reliefs. 2. The learned counsel for the first respondent submitted that, the petitioners had earlier preferred Exhibit P8 representation before the first respondent and it, in fact, carried the very same grievances highlighted in this writ petition. After considering the grievances highlighted in Exhibit P8, the first respondent convened a meeting of all concerned including the representative of the petitioners, the auto rickshaw drivers and also the competent authorities. After such a meeting, a resolution was passed on 28.12.2010. Exhibit R1(a) is the resolution thus passed. 3. It is further submitted that in view of the said development revealed from Exhibit R1(a), the grievances of the petitioners would be W.P.(C)No.29509 of 2010 -2- redressed by the implementation of the decision in Exhibit R1(a). Action in that regard would be taken expeditiously, it is further submitted. In view of the position thus obtained, this writ petition is disposed of recording the said submissions and directing the respondents 2 and 3 to take appropriate steps for expeditious implementation of the decision in Exhibit R1(a), in accordance with law. Such steps shall be taken, at any rate, within a period of six weeks from today. Sd/- C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK