IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 37548 of 2007(T) -------------------------- PETITIONER: ------------ 1. V.M.ASHOK KUMAR ,S/O. E.G.MAHADEVA VAIDYAR, VALLATHASERY DISPENSARY, DOOR NO.KMC XII/141, M.L. ROAD , KOTTAYAM. 2. BABU THOMAS,S/O. K.K.THOMAS, KUNNEL AGENCIES & BREAD HOUSE DOOR NO.KMC XII/141, M.L. ROAD , KOTTAYAM. 3. SUNIL JOSEPH,S/O. K.JOSE DOOR NO.KMC XII/141, M.L. ROAD KOTTAYAM. 4. P.L.CHANDRABABU,S/O.K.L.LAKSHMANAN DOOR NO.KMC XII/141, M.L. ROAD KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM 2. THE DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM 3. THE SUB INSPECTOR OF POLICE KOTTAYAM WEST POLICE STATION, KOTTAYAM. 4. KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KOTTAYAM 5. THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM REPRESENTED BY ITS SECRETARY BY ADV. SRI.SIBY MATHEW FOR R4 SRI.A.A.MOHAMMED NAZIR SR.GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.37548 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 JUDGMENT This writ petition has been filed by four shop keepers who are having their business premises on the busy Market Landing Road within the area of Kottayam Municipality. Their grievance is that on account of unauthorised parking of auto rickshaws and also on account of encroachment of waysides by the hawkers, there is frequent traffic congestion and accidents on the Market Landing Road near to their business premises. They have also a grievance that auto rickshaws are being parked in such a manner as to obstruct access to their shops. 2. 5th respondent- Regional Transport Authority has filed a statement through the Government Pleader, wherein it is claimed that orders have been passed disallowing auto rickshaw stand at ML Road to K.K. Road and that those orders are being implemented strictly. It is claimed in the statement that instructions have been given to the Field Officers to conduct frequent inspection for checking the unauthorised parking as and WPC.37548/07 2 when the same is noticed. 3. Ext.P9 series of photographs will show that despite of the claimed of the 5th respondent, auto rickshaws are parked in front of certain shops situated by the side of the road in question. Considering the statement filed by the 5th respondent, there will be a direction to respondents 2 and 3 to ensure that no auto rickshaw or other vehicle is parked in front of the shop belonging to the petitioners in such a manner as to prevent the access of those shop rooms by the petitioners' customers. In other words, there will be a direction to respondents 2 and 3 to ensure that Ext.P2 is implemented. Writ Petition is allowed to the above extent. PIUS.C.KURIAKOSE JUDGE sv. WPC.37548/07 2