IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 8026 of 2011(C) ------------------------- PETITIONER(S): ----------------------- 1. JOSE.K.P., AGED 68 YEARS, S/O. KUTTIKATT PAUL, EAST FORT, ROOM NO.156/1, KIZHAKKEKOTTA SHOPPING COMPLEX,EAST FORT,THRISSUR. 2. JOY.K.S, S/O. KURUTHUKULANGARA SEBASTIANE, ROOM NO.156/4, KIZHAKKEKOTTA SHOPPING COMPLEX,EAST FORT,THRISSUR. 3. SHAJU.K.S, S/O. KURUTHUKULANGARA SEBASTIANE, ROOM NO.156/5, KIZHAKKEKOTTA SHOPPING COMPLEX,EAST FORT,THRISSUR. 4. CELINA PAILI,W/O. PAILI.T.O., THATTIL HOUSE, ROOM NO.156/6, KIZHAKKEKOTTA SHOPPING COMPLEX,EAST FORT,THRISSUR. 5. RAPHEAL, J.K., KUTTIKATT HOUSE, ROOM NO.156/7, KIZHAKKEKOTTA SHOPPING COMPLEX,EAST FORT,THRISSUR. 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-695001 2. THE THRISSUR MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, M.O.ROAD, THRISSUR-680001 WP(C).No. 8026 of 2011 3. THE REGIONAL TRANSPORT OFFICER, AYYANTHOLE, THRISSUR. 4. THE CIRCLE INSPECTOR OF POLICE, THRISSUR EAST, THRISSUR. 5. THE SUB INSPECTOR OF POLICE, THRISSUR EAST,THRISSUR. 6. THE A.I.T.U.C., THRISSUR, REP. BY ITS DISTRICT SECRETARY, C.JANARDHANAN MEMORIAL MANDIRAM, CHEMBOTTIL LANE,THRISSUR. 7. THE PRESIDENT, PRIVATE MOTRO WORKERS UNION (AITUC) EAST FORT,THRISSUR. 8. THE SECRETARY, B M S UNION, LIGHT MOTORS MAZDOOR SANGH,SHORNUR ROAD, THRISSUR. 9. THE SECRETARY, CITU, AUTORIKSHAW THOZHILALI UNION, KOKKALAI, THRISSUR. 10. THE SECRETARY, I N T U C, AUTORIKSHAW THOZHILALI UNION, KURUPPAM ROAD, THRISSUR. ADV. SRI.N.NAGARESH FOR R6,8-10 GOVERNMENT PLEADER MRS.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 8026 of 2011 A P P E N D I X PETITIONERS' EXHIBITS:- P1: COPY OF THE PHOTOGRAPHS TAKEN BY THE PETITIONERS DATED NIL P2: COPY OF THE APPLICATION BY ONE OF THE OCCUPANTS BEFORE THE 2ND RESPONDENT DATED 30.9.2009 P3: COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT DATED 24.10.2009 P4: COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT DATED 30.9.2009 P5: COPY OF THE JUDGMENT IN W.P(C)NO.34081 OF 2010 DATED 7.1.2011 OF THIS HON'BLE COURT P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THRISSUR DATED 3.3.2011 P7: COPY OF THE REQUEST OF THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 3.3.2011 P8: COPY OF RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 4.3.2011 P9: COPY OF THE REQUEST OF THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 3.3.2011 P10: COPY OF REQUEST BEFORE THE 4TH RESPONDENT BY THE PETITIONERS DATED 3.3.2011 P11: COPY OF THE RECEIPT GIVEN BY THE 4TH RESPONDENT DATED 1.3.2011 RESPONDENTS' EXHIBITS:- R6(a): COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO ONE OF THE DRIVERS //TRUE COPY// P.A TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. -------------------------------------------------- W.P(C). No. 8026 OF 2011 ----------------------------------------- Dated this the 29th day of March, 2011. J U D G M E N T R.BASANT, J. The petitioners have come to this Court with the prayer that directions under Article 226 of the constitution may be issued to respondents 1 to 5 to ensure that there is no unauthorised parking of autorikshaws in front of the Kizhakkekotta municipal shopping complex owned by the Thrissur Corporation shop rooms in which have been allotted to the petitioners herein. 2. The grievance of the petitioners is that unauthorised parking of autorikshaws in front of their shopping complex is causing difficulties to them. In spite of complaints to the police, the police have not taken necessary action. Respondents 6 to 10 are leaders of Autorikshaws Thozhilali Union and they are arrayed as parties as it is the members of their unions, who allegedly indulge in such unauthorised parking. The petitioners had complained to the Municipal Corporation of Thrissur and Ext.P4 complaint was lodged by the Town Planning Officer of the Corporation to the police. No effective action has been taken on the said complaint. In these circumstances, one of the shop owners had come to this Court and by Ext.P5 judgment, this Court W.P(C). No. 8026 OF 2011 2 had directed the police to take necessary action to ensure that there is no unauthorised parking of autorikshaws in front of the Kizhakkekotta Shopping Complex. But, unfortunately, as only one of the aggrieved persons had come to this Court, in Ext.P5 judgment, relief is granted only to the petitioner therein that they, should not park autorikshaws in front of shop room No.8 of the petitioners therein. Though there are observations in Ext.P5 judgment, which suggest that similarly placed persons are also entitled for relief, while granting the relief, this Court limited the relief only against parking of autorikshaws in front of the shop room No.8 of the petitioner in Ext.P5. The prayer sought for in this writ petition is that the relief granted to the petitioner in Ext.P5 may be extended to the petitioners herein also. 3. All respondents have been served. The learned Government Pleader on behalf of respondents 1, 3, 4 and 5 submits that identical relief given to the petitioner in Ext.P5 can be extended to all the petitioners herein also. The 2nd respondent and 7th respondent though served have not chosen to appear before this Court. Respondents 6 and 8 to 10 have appeared before the Court through their counsel. The 7th respondent obviously has not chosen to enter appearance as he was a party to Ext.P5 judgment. The other respondents, ie; respondents 6 W.P(C). No. 8026 OF 2011 3 and 7 to 10 were not parties to Ext.P5 judgment. 4. In paragraph-4 of Ext.P5 judgment, the following observations have been made and heavy reliance is made by the petitioner on those observations. “Authorities concerned must certainly try to find authorised spots for parking of autorikshaws. But that does not justify the unauthorised parking in front of the shopping complex encumbering the convenient enjoyment of property by the petitioner and others.” 5. The learned counsel for respondents 6 and 8 to 10 submits that if there is a ban against parking of autorikshaws in front of the Kizhakkekotta shopping complex, that will cause great difficulties to the autorikshaw drivers/permit holders. About 150 autorikshaws have been granted permission to park autorikshaws at East Fort. If such permit holders cannot park their vehicles in front of the Kizhakkekotta shopping complex, that will cause great difficulties to them. The learned counsel for respondents 6 and 8 to 10 prays that at least five autorikshaws may be permitted to park in front of the said shopping complex. Such arrangement will be helpful not only to the autorikshaw drivers, but also to members of the public as well, contends the learned counsel. 6. We have considered all the relevant inputs. The W.P(C). No. 8026 OF 2011 4 learned counsel have been heard at length. We reiterate that the authorities concerned must certainly try to find authorised parking lots for autorikshaws. If granted permits with no facility for parking, it is true that such permit holders and drivers would find it difficult to operate. But, we have to be cognizant of the difficulties faced by persons like the petitioners herein. Unauthorised parking in front of the shopping Complex at Kizhakkekotta barring enjoyment of the property by the petitioners cannot be justified by the absence of facilities afforded to autorikshaws for parking. 7. This writ petition is accordingly allowed. The police shall take necessary action to ensure that there is no unauthorised parking of autorikshaws in front of the Kizhakkekotta Shopping Complex belonging to the Thrissur Corporation. We remind the authorities concerned of the need to immediately provide facilities for authorised parking in that locality for autorikshaws in the interest of the Autorikshaw drivers / permit holders and the public. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. dmb