IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 23629 of 2003(K) -------------------------------------- PETITIONER(S): ---------------------- 1. MATHEW PAIKADA, S/O. LATE CHANDY, AGED 47 YEARS, PAIKADAS, HIGHWAY, TALIPARAMBA 670 141 2. PALAKODAN MUSTHAFA S/O. W.M.EBRAHIM, AGED 46 YEARS, FOOD HOUSE, HIGHWAY, TALIPARAMBA 670 141. 3. MALIKKANTAKATH ABDU, S/O.LATE P.ASSINAR, AGED 38 YEARS, BESTO PLASTICS, HIGHWAY, TALIPARAMBA 670 141. BY ADV. MR.C.K.SUDHEER RESPONDENT(S): ------------------------- 1. THE SECRETARY, TALIPARAMBA MUNCIPALITY, TALIPARAMBA 2. THE DISTRICT COLLECTOR, KANNUR DISTRICT, KANNUR. 3. THE SUPERINTENDENT OF POLICE, KANNUR. R2 & R3 BY GOVERNMENT PLEADER MR.MATHEW VADAKKEL R1 BY ADV. MR.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 23629/2003-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SITE PLAN. EXT.P2: COPY OF THE GAZETTE NOTIFICATION. EXT.P3: COPY OF THE MASS PETITION FILED BEFORE THE FIRST RESPONDANT WITH COPIES TO THE OTHER RESPONDENTS. EXT.P4: COPY OF THE CERTIFICATE OF POSTING. EXT.P5: COPY OF THE PHOTOGRAPHS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23629 OF 2003 ------------------------------------------- Dated this the 26th day of May, 2009 JUDGMENT The petitioners seek a direction regarding the parking of commercial vehicles. No representative of the owners of the taxies is a party to this writ petition. The first respondent municipality states that whatever space the petitioners say as available is essentially a bus bay. Any decision regarding proper parking space for commercial vehicles is a matter to be decided upon by the first respondent only in terms of what is contained in Ext.P2 and also having regard to the availability of funds with the municipality for providing alternate parking space. However, this Court is not to issue any direction regarding the parking space. In the result, it is ordered that it will be open to the first respondent to take a decision regarding the space for parking of commercial vehicles. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/5.