IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 851 of 2011(F) ---------------------------------- PETITIONERS: --------------------- 1. ANILKUMAR, S/O.MADHAVAN PILLAI, USHA MANDIRAM, ARASUPARAMPU,NEDUMNGAD, 2. NOORUDEEN .A., S/O.ABDUL RAHIMAN, KUZHIYIL KADAYIL VEEDU, HOSPITAL JUNCTION,14,MARKET,NEDUMANGAD, 3. RAJAMOHANAN, S/O.BHASKARAN, 14/118,KURUKKODKUNNUMPURATH MARKET NEDUMANGAD. BY ADV. SRI.M.DINESH. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION,NEDUMANGAD – 695 541. 2. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION,NEDUMANGAD – 695 541. 3. ASSISTANT LABOUR OFFICER, O/O.ASSISTANT LABOUR OFFICER, NEDUMANGAD – 695 541. 4. SECRETARY, NEDUMANGAD MUNICIPALITY, NEDUMANGAD – 695 541. 5. RAJENDRAN, AREA SECRETARY, (CITU)MOTOR WORKERS UNION, CHIRATHALAKKAL,MELAMCODE, PAZHAKUTTY, NEDUMANGAD – 695 541. W.P.(C). NO.851/2011-F: 6. NISSAR, S/O.MOIDEENKUNJU,JOINT CONVENOR(CITU), NISHANA MANZIL,10TH STONE,PERUMALA,MACHA P.O., NEDUMANGAD – 695 541. 7. NAZEER,CITU UNION,KAYAIPADI JUNCTION, KARAKULAM P.O.,TRIVANDRUM DISTRICT,695 564. 8. VIJAYAN, S/O.JOHNSON, VETTAYIL VEEDU, KOLLAM, ARUVIKARA, NEDUMANGAD P.O - 695 541. 9. RAMESAN, S/O.RAMAN NAIR, AARAKKAL VEEDU, KOKKOTHAMANGALAM, MOODELLA P.O.,NEDUMANGAD- 695 541. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISHMA, R4 BY ADV. SRI.P.RAMAKRISHNAN, R5 TO R9 BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.SATHEESH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.851/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF 1ST PETITIONER'S VEHICLE. EXT.P.2: COPY OF THE CERTIFICATE OF REGISTRATION OF 2ND PETITIONER'S VEHICLE. EXT.P.3: COPY OF THE CERTIFICATE OF REGISTRATION OF 3RD PETITIONER'S VEHICLE. EXT.P.4: COPY OF THE IDENTITY CARD OF THE P.1. EXT.P.5: COPY OF THE IDENTITY CARD OF THE P.2. EXT.P.6: COPY OF THE REPLY ISSUED FROM THE OFFICE OF R.4. DTD. 07/12/2010. EXT.P.7: COPY OF THE COMPLAINT FILED BEFORE THE R.3. EXT.P.8: COPY OF THE RECEIPT ISSUED BY THE R.3. EXT.P.9: COPY OF THE COMPLAINT FILED BY THE P.2. BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.851 of 2011 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. Petitioners, the owners and drivers of goods carriages, have come to this Court seeking issue of directions to respondents 1 and 2 to enable them to park their goods carriages in the parking area in front of Kesavan Memorial Shopping Complex at Nedumangad. The grievance of the petitioners is that they are being illegally obstructed from parking their vehicles by respondents 5 to 9, who have political influence and clout. Respondents 1 and 2 are not taking any steps to enable the petitioners to park their vehicles. The 4th respondent is the Nedumangad Municipality and the 3rd respondent is the local Assistant Labour Officer. 2. Respondents 5 to 9 have entered appearance through their counsel. The 4th respondent is also represented by a counsel. The 4th respondent asserts that the Municipality does not authorise parking of any goods carriages vehicles in front of Kesavan Memorial Shopping Complex. There is no authorised parking lot there. Ext.P6 has been issued W.P(C) No.851 of 2011 2 by the Municipality making the position crystal clear. The Municipality cannot permit the petitioners or respondents 5 to 9 to park their vehicles in front of Kesavan Memorial Shopping Complex. 3. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that since there is no authorised parking allowed for goods carriages in front of the Kesavan Memorial Shopping Complex at Nedumangad (Chanthamukku Junction), no one - the petitioners or respondents 5 to 9, shall be permitted to park their goods carriages there. There is no question of the police offering assistance either to the petitioners or to respondents 5 to 9 to park their vehicles, as such course is not permitted or recognised by law. Necessary action shall be taken against any one attempting to park their goods carriages at that place, which is not an authorised parking place for goods carriages. 4. We record the submission of the learned counsel for the 4th respondent. We record the submission of the learned Government Pleader on behalf of respondents 1 and 2. The petitioners have not been able to satisfy us that they have any W.P(C) No.851 of 2011 3 right to park their vehicles in front of Kesavan Memorial Shopping Complex. Their grievance appears to be that respondents 5 to 9 are being permitted to park and they are not being permitted to park their vehicles. In the light of the undertaking by the learned Government Pleader on behalf of respondents 1 and 2 that no goods carriages will be permitted to park there, we are satisfied that no further directions are necessary. 5. This Writ Petition is accordingly dismissed recording the above submission of the learned Government Pleader. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/