IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 3635 of 2011(D) -------------------------------- PETITIONER(S): ------------------- 1. P.M.JOSEPH, S/O. MATHAI, PURAMADATHIL (H), VAZHITHALA, THODUPUZHA. IDUKKI DISTRICT. 2. SARRAMMA JOHN, W/O. JOHN, THEKKEKALAPPURAYIL HOUSE, PERIYAMBRA, THODUPUZHA,IDUKKI DISTRICT. 3. JOSEPH MATHEW, S/O. MATHEW, PALUKUNNEL HOUSE, VAZHITHALA, THODUPUZHA,IDUKKI DISTRICT. 4. RENJITH JOHN, S/O. JOHN, THEKKEKALAPPURAYIL (H), PERIYAMBRA, THODUPUZHA,IDUKKI DISTRICT. 5. P.M.CHACKO,S/O. MATHAI, PURAMADATHIL(H), VAZHITHALA, THODUPUZHA,IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): -------------------- 1. THE MANAKKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,MANACAUD.P.O., THODUPUZHA,IDUKKI DISTRICT-695 009. 2. THE PURAPPUZHA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PURAPPUZHA.P.O., THODUPUZHA,IDUKKI DISTRICT-685 583. 3. THE SUB INSPECTOR OF POLICE, KARIMKUNNAM POLICE STATION,KARINKUNNAM.P.O., IDUKKI DISTRICT-685 586. DG --2-- --2-- WP(C).No. 3635 of 2011(D) 4. THE JOINT REGIONAL TRANSPORT OFFICER, JOINT REGIONAL TRANSPORT OFFICE, THODUPUZHA.P.O., IDUKKI DISTRICT-685584. * ADDL.R5 IMPLEADED 5. T.K.THOMAS, S/O KURIAN, SECRETARY OF THE AUTORIKSHA DIRVERS UNION, RESIDING AT THAZHATHUPARATHETTAYIL (H), VAZHITHALA P.O, THODUPUZHA - 685 583. ADDL.R5 IMPLEADED AS PER ORDER DATED 22.02.2011 IN I.A.NO.2636/2011. R3 & R4 BY ADV.SRI.MOHAMMED SHAFI.M, GOVT. PLEADER R1 & R2 BY ADV.SRI.P.C.HARIDAS R5 BY ADV.SRI.MATHEW JOHN ADDL.R5 BY ADV. SRI.MATHEW JOHN (K) ADDL.R5 BY ADV.SRI.DOMSON J.VATTAKUZHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 3635 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION DATED 07/12/2010 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS. EXT.P2 : COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXT.P2 REPRESENTATION. RESPONDENT'S EXHIBITS: EXT.R5(a) : COPY OF THE JUDGEMENT IN W.P(c) NO.636 OF 2007. EXT.R5(b) : COPY OF THE ORDER DATED 23.08.2007 IN R.P.NO.565 OF 2007 IN W.P.(c) NO.636 OF 2007. EXT.R5(c) : COPY OF THE RESOLUTION DATED 13.08.2010. EXT.R5(d) : COPY OF THE MINUTES OF THE MEETING DATED 13.09.2010. EXT.R5(e) : COPY OF THE COMMUNICATION DATED 29.03.2011 BY THE ASST.EXECUTIVE ENGINEER. EXT.R1(a) : COPY OF THE RESOLUTION DATED 16.03.2011 OF THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE DG HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.3635 OF 2011 ------------------------------- DATED THIS THE 2ND DAY OF DECEMBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the lst respondent-Panchayat to provide parking space for the autorickshaws at Vazhithala in the land acquired for the purpose within the stipulated time as it is mandated as per Entry 23 of Schedule III of the Kerala Panchayat Raj Act, 1994 and for other incidental reliefs. 2. Petitioners 1 to 4 are the merchants of Vazhithala and the 5th respondent is a permanent resident of Vazhithala junction in Idukki District. Petitioners are aggrieved by the unauthorised and illegal parking of Taxis and Autorickshaws in front of their business premises and dwelling house in between the Kurisupally junction and Mercy Hospital Junction in Vazhithala town . Petitioners submit that by the unauthorised parking of taxis and autorickshaws the ingress and egress to the petitioners' shops and to -2- W.P.(C).No.3635/2011 the house of the 5th petitioner are blocked and are also causing obstruction to the loading and unloading of goods. It is also pointed out that the unauthorised parking of taxis and autorickshaws has been causing severe traffic congestion in Vazhithala town, narrowed the width of the road, that it has become common practice that more than 20 autorickshaws are being parked at a time in front of the petitioners' shop-rooms without leaving any space between them, which causes acute traffic congestion in the main road between the Kurisupally junction and Mercy Hospital junction and that even the footpath of the main road, meant for pedestrians, is trespassed and occupied by the drives of the taxis and autorickshaws. 3. Petitioners filed Exts.P1 and P2 representations requesting the Panchayat to take immediate action to remove the illegal parking of taxis and autorickshaws. 4. In the counter affidavit filed by the lst respondent it stated that autorickshaws and taxis are being parked at the southern -3- W.P.(C).No.3635/2011 side of Koothattkulam-Thodupuzha PWD road margin at Vazhithala junction. In paragraph 7 of the counter affidavit it is stated that the executive committee of the lst respondent by its resolution No.11 dated 9/3/2006 decided to convert land adjoining to the market at Vazhithala as a taxi stand, but no further action was taken in this regard, that after the receipt of the notice in the writ petition the committee has discussed the matter in its meeting held on 16/3/2011 and decided to provide the said land for the purpose of taxi stand, subject to the decision of the writ petition. Ext.R1A is the copy of the resolution. In the counter affidavit it is further stated that the lst respondent-Panchayat is ready and prepared to provide the land remaining vacant near to the market at Vazhithala for the taxi stand in accordance with the Kerala Panchayat Raj (Landing places, Halting places, Cart Stands and other vehicle stands) Rules, 1995 on payment of parking fees to be decided by the Panchayat. The said statement is recorded. The additional 5th respondent, who is the Secretary of the Autorickshaw Drivers Union, has filed a -4- W.P.(C).No.3635/2011 detailed counter affidavit denying the material averments in the writ petition. 5. In the facts and circumstances, this writ petition is disposed of directing the lst respondent-Panchayat to establish parking space for the taxis and autorickshaws at Vazhithala town in the land set apart for that purpose, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.