IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 418 of 2009(Y) -------------------------------- PETITIONER : ---------------- ABOO HAJI, S/O. UNNEEN HAJI, VENGOOR KALATHIL HOUSE, ALANALLOOR AMSOM, MANNARKKAD TALUK. BY ADV. MR.SUNNY MATHEW RESPONDENTS : ------------------- 1. THE MOTOR THOZHILALI UNION (CITU), MANARKKAD, REPRESENTED BY ITS SECRETARY. 2. THE MOTOR THOZHILALI UNION (INTUC), MANARKKAD, REPRESENTED BY ITS SECRETARY. 3. THE MOTOR THOZHILALI UNION (STU), MANARKKAD, REPRESENTED BY ITS SECRETARY. 4. THE MOTOR THOZHILALI UNION (AITUC), MANARKKAD, REPRESENTED BY ITS SECRETARY. 5. THE SUB INSPECTOR OF POLICE, MANNARKKAD. 6. THE MANNARKKAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. 7. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 8. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 418 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE NOTICE DATED 18.11.2008 ISSUED TO THE RESPONDENTS 1 TO 4 EXT.P2: TRUE COPY OF THE PETITION DATED 24.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXT.P3: TRUE COPY OF THE RECEIPT ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER FOR HAVING RECEIVED EXHIBIT P2 -TRUE COPY- P.A. TO JUDGE pac ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 418 of 2009 ------------------------------------ Dated this the 27th day of February, 2009 JUDGMENT Petitioner seeks to quash Exhibit P1 and to restrain the members of the respondents 1 to 4 Unions from parking autorickshaws and goods carriages in front of the petitioner's building by name V.K. Tower at Mannarkkad Town. Petitioner also seeks a direction to the 6th respondent to set up taxi stands/ goods vehicle stands at appropriate places in Mannarkad Town. From the counter affidavit filed by the 7th respondent, it is evident that the aforesaid place mentioned in the writ petition is not an approved parking place. If that be so, arrangement made by Exhibit P1, does not have the sanction of law. Accordingly, I dispose of this writ petition directing the 6th respondent to ensure that autorickshaw and goods carriage vehicles are not permitted to be parked in front of the W.P.(C) No. 418 /2009 2 petitioner's building namely V.K. Tower at Mannarkad Town. Petitioner shall produce a copy of this judgment before the 5th and 6th respondent, who shall do needful in this matter. ANTONY DOMINIC, JUDGE scm