IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 31365 of 2008(H) ------------------------------------- PETITIONER: -------------------- BALAKRISHNA PILLAI, VASANTHA'S TEXTILES, PUNALUR. BY ADV. MR.MANOJ RAMASWAMY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PUNALUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PUNALUR P.O., PUNALUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR SUB DIVISION, PUNALUR. 4. THE CIRCLE INSPECTOR OF POLICE, PUNALUR CIRCLE, PUNALUR. BY GOVERNMENT PLEADER MR. DILIP MOHAN, BY ADV. MR.B.KRISHNA MANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31365 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE JUDGMENT DATED 13.2.2002 IN O.P. NO. 4856/2002 OF THIS COURT. EXT.P2 - TRUE COPY OF THE PETITION DATED 22.8.2008 SUBMITTED TO THE 4TH RESPONDENT WITH COPY TO THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE PHOTOGRAPHS. TRUE COPY PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P.(C) No. 31365 of 2008 ................................................. Dated this the 1st day of July, 2009 J U D G M E N T The petitioner is the owner of a textile shop by the side of N.H.208 at Punalur Municipal Town. The petitioner's grievance in this writ petition is that on account of parking of taxis in front of his shop, easy access to his shop is blocked for his customers. The petitioner therefore seeks the following reliefs: “1. A writ of mandamus or other appropriate writ, order or direction directing the respondents 2 to 4 to take immediate action to remove the obstructions caused by parking of private taxis in front of the shop rooms of the petitioner by the side of N.H. 208 at KSRTC Junction at Punalur. 2. A writ of mandamus or other appropriate writ, order or direction directing the respondents 3 to 4 to consider the petition at Exhibit P2 and take immediate further action. 3. A writ of mandamus or other appropriate writ, order or direction directing the respondents 2 & 3 not to allow the road margins in front of the petitioner's shop to be used as parking area in contravention to Section 473 of the Kerala Municipality Act.” 2. On 16.12.2008, I passed the following interim order: “Learned standing counsel for the Municipality submits that the Municipality is making earnest efforts to locate parking space for taxis and the place in front of the W.P.(C) No. 31365 of 2008 -2- petitioner's shop is not a place under consideration. That being so, respondents 2, 3 and 4 are liable to see that no parking takes place in front of the petitioner's shop. Respondents 2, 3 and 4 shall ensure that no vehicles are parked in front of the petitioner's shop.” The learned counsel for the Municipality submits that a parking space has been identified elsewhere and the Municipality is taking appropriate steps to establish the parking space there. In view of the above statements, this writ petition is disposed of in terms of the interim order dated 16.12.2008. S. SIRI JAGAN, JUDGE rhs