IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).NO. 34081 OF 2010(I) --------------------------------------- PETITIONER(S): ------------------------ JOHN ANTO. K., AGED 40, S/O.KOLLANUR ANTONY, PERINGAVU VILLAGE DESOM, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR), SRI.K.RAVI (PARIYARATH).. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE THRISSUR MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, M.O. ROAD, THRISSUR-680 001. 3. THE REGIONAL TRANSPORT OFFICER, AYYANTHOLE, THRISSUR-680 001. 4. THE CIRCLE INSPECTOR OF POLICE, THRISSUR EAST, THRISSUR-680 001. 5. THE SUB INSPECTOR OF POLICE, THRISSUR EAST, THRISSUR-680 001. 6. THE A.I.T.U.C, THRISSUR, REP. BY ITS DISTRICT SECRETARY, C. JANARDHANAN MEMMORIAL MANDIRAM, CHEMBOTTIL LANE, THRISSUR-680 001. WP(C) NO. 34081/2010-I 7. THE PRESIDENT, PRIVATE MOTOR WORKERS' UNION (AITUC), EAST FORT, THRISSUR-680 001. R1 & R3 TO R5 BY GOVT. PLEADER SMT.CHARISHMA. R2 BY ADV. SRI.K.B.MOHANDAS, SC, THRISSUR CORPORATION. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 34081/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30/09/2009. EXT.P2: COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT DATED 24/10/2009. EXT.P3: COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT DATED 30/09/2010. EXT.P4: COPY OF THE COMPLAINT OF THE PETITIONER DATED 28/10/2009 BEFORE THE S.P. OF POLICE, THRISSUR. EXT.P5: COPY OF THE RECEIPT FOR EXT.P4. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 34081 of 2010-I ------------------------------------------------- Dated this the 7th day of January, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with a prayer that directions under Art.226 of the Constitution may be issued to respondents 1 to 5 to ensure that there is no unauthorized parking of autorikshaws in front of Room No.8 of the shopping complex owned by the Thrissur Corporation which has been allotted to the petitioner herein. 2. The short grievance of the petitioner is that unauthorized parking of autorikshaws in front of his shop room is causing difficulties to the petitioner. In spite of the complaints to the police, police have not been taking necessary action. Respondents 6 and 7 are leaders of association of autorikshaws and they are arrayed as parties as it is they and workers under W.P.(C) No. 34081 of 2010 -: 2 :- them who allegedly indulge in such unauthorized parking. The petitioner submits that a complaint was made before the Thrissur Corporation, the 2nd respondent and the 2nd respondent has written to the 4th respondent vide Ext.P3 that such unauthorized parking ought to be prevented. No action has been taken and it is, in these circumstances, that the petitioner has come to this Court with this petition. 3. Respondents 6 and 7, though served , have not chosen to enter appearance. Respondents 1, 3, 4 and 5 are represented by the learned Government Pleader. The 2nd respondent is represented by its counsel. The learned counsel for the 2nd respondent submits that there is sufficient open space in front of the shopping complex belonging to the Corporation. But it is admitted that there is no authorized parking lot for autorikshaws in front of the shopping complex. The learned Government Pleader, after taking instructions from the police officials and the Regional Transport Officer, the 3rd respondent, submits that there is no authorized parking lot in front of the shopping complex. On the basis of Ext.P3 police now taking action to ensure that there is no unauthorized parking lot in front of the shopping complex. The police shall continue to ensure that there is no unauthorized parking in front of the shopping complex. But W.P.(C) No. 34081 of 2010 -: 3 :- the learned Government Pleader submits that the absence of an authorized parking lot is causing difficulties to the autorikshaw drivers. 4. Authorities concerned must certainly try to find authorized spots for parking of autorikshaws. But that does not justify the unauthorized parking in front of the shopping complex encumbering the convenient enjoyment of property by the petitioner and others. 5. In the light of the submission of the learned Government Pleader, we are satisfied that no further directions are necessary in this writ petition. 6. This writ petition is accordingly allowed in part accepting the submission of the learned Government Pleader that the police shall take necessary action to ensure that there is no unauthorized parking of autorikshaws in front of shop No.8 of the petitioner in the Kizhakkekotta Shopping Complex belonging to the Thrissur Corporation. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge