Kerala High Court
Daniel V Abraham @ V.A.Daniel vs State Of Kerala on 22 June, 2017
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939
WP(C).No. 10922 of 2011 (M)
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PETITIONER:
-----------
DANIEL V ABRAHAM @ V.A.DANIEL,
AGED 62 YEARS, S/O. ABRAHAM, VANJIPUZHAKANDATHIL, HOUSE,
KULANADA.P.O., PATHANAMTHITTA DISTRICT, PANDALAM-689503.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SRI.DIPU JAMES
SRI.GEORGE MATHEW
SMT.K.V.RAMYA
SRI.M.D.SASIKUMARAN
RESPONDENT(S):
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1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, STATE SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR, COLLECTORATE,
PATHANAMTHITTA CHAIRMAN-THE REGIONAL TRANSPORT
AUTHORITY-PATHANAMTHITTA DISTRICT
PATHANAMTHITTA PO 689645.
3. THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA-689645.
4. THE SUB INSPECTOR OF POLICE,
PANDALAM PO-689501.
5. THE EXECUTIVE ENGINEER,(ROADS & BRIDGES)
PUBLIC WORKS DEPARTMENT, ADOOR-691523.
6. THE KULANADA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KULANADA,
PATHANAMTHITTA DISTRICT-689503.
7. THE AUTORIKSHAW THOZHILALI UNION,
INDIAN NATIONAL TRADE UNION CONGRESS,
KULANADA UNIT,REP. BY ITS CONVENOR,MATHAI THOMAS,
KUZHIPPARAPADINJATTETHIL,KAIPPUZHA MURI, KULANADA,
PATHANAMTHITTA DISTRICT-689503.
8. AUTORICKSHAW THOZHILALI UNION,
BHARATHIYA MAZDOOR SANGHAM, REP. BY ITS CONVENOR,
LALU GEORGE, S/O. GEORGE, NURUPPUKALAYIL HOUSE,
KAIPPUZHA, KULANADA-689503. -2-
-2-
WPC 10922 OF 2011:
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9. AUTORICKSHAW THOZHILALI UNION CENTER
OF INDIAN TRADE UNIONS, REP. BY ITS CONVENOR,
ABDUL SALAM, KALLUVATHINAL VEEDU, PUSTHALA,
VENMANI PO, ALAPPUZHA DISTRICT-689509.
* ADDL R10,R11 IMPLEADED
10 SOMYUKTHA AUTORICKSHAW, THOZHILALI UNION,KULANADA,
PATHANAMTHITTA DISTRICT, REP BY ITS SECRETARY
RAMACHANDRA PILLAI,
PUZHUKOTTUCKAL HOUSE, KAIPUZHA, KULANADA PO.
11.AJITH C.R, CHAKOORATHIL VADAKKETHIL HOUSE, PANANGAD PO,
KULANADA, PATHANAMTHITTA DISTRICT.
* ADDL R10,R11 IMPLEADED AS PER ORDER DATED 22/6/2017
IN IA 16044/2011
R1-R5 BY GOVERNMENT PLEADER SMT VIDYA A.C.
R6 BY ADVS. SRI.B.PREMNATH (E)
SRI.PHILIP J.VETTICKATTU
SRI.SIBY MATHEW
R7-R9 BY ADVS. SRI.K.SASIKUMAR
SMT.T.SUDHA DEVI
R10 & 11 BY ADVS. SRI.R.KRISHNAKUMAR (CHERTHALA)
SRI.S.MUHAMMED HANEEFF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-06-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WPC 10922 OF 2011:
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APPENDIX
PETITIONERS EXHIBITS:
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P1: PHOTOGRAPH SHOWING THE PARKING OF AUTO-RICKSHAWS IN FRONT OF
PETITIONER'S BUILDING.
P1(A) PHOTOGRAPH SHOWING THE PARKING OF AUTO-RICKSHAWS IN FRONT OF
PETITIONER'S BUILDING.
P1(B) PHOTOGRAPH SHOWING THE PARKING OF AUTO-RICKSHAWS IN FRONT OF
PETITIONER'S BUILDING.
P2: TRUE COPY OF THE ROUGH SKETCH.
P3: TRUE COPY OF THE APPLICATION DATED 5/3/2010 SUBMITTED BY THE
PETITIONER UNDER R.I.A.
P4: TRUE COPY OF THE INFORMATION DATED 25/11/2010 ISSUED BY 6TH
RESPONDENT.
P5; TRUE COPY OF THE JUDGMENT DATED 20/6/2006 IN
WPC NO 6780 OF 2006.
P6 TRUE COPY OF NOTICE FOR THE MEETING DATED 10/6/2011.
P7: TRUE COPY OF RELEVANT PAGES OF MALAYALA MANORAMA
DATED 11/6/2011.
P8 TRUE COPY OF JUDGMENT DATED 27/9/2011.
P9 TRUE COPY OF THE INFORMATION DATED 13/10/2011.
P10 TRUE COPY OF BUILDING PERMIT DATED 4/3/2008.
P11 TRUE COPY OF ORDER DATED 4/3/2008
P12 TRUE COPY OF ORDER DATED 20/10/2011
P13 TRUE COPY OF LICENSE DATED 3/7/2006.
P13(A) TRUE COPY OF PFA LICENSE DATED 30/1/2008.
RESPONDENT(S)' EXHIBITS
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R7(A): A TRUE COPY OF THE APPLICATION DATED 20/6/2011 SUBMITTED BY
THE PETITIONER TO THE 6TH RESPONDENT.
R7(B) A TRUE COPY OF THE REPORT FORWARDED FROM THE PANCHAYAT TO THE
TOWN PLANNER.
R7(C) A TRUE COPY OF THE APPLICATION DATED 27/5/2001 SUBMITTED BY
THE PETITIONER BEFORE THE 6TH RESPONDENT.
-2-
-2-
WPC 10922 OF 2011:
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R7(D) A TRUE COPY OF THE FORWARDING LETTER FROM THE 6TH RESPONDENT
TO THE DISTRICT TOWN PLANNER PATHANAMTHITTA.
R7(E) A TRUE COPY OF THE ORDER DATED 5/8/2011 FORWARDED BY THE TOWN
PLANNER TO THE PANCHAYAT.
R7(F) A TRUE COPY OF THE COMPLAINT DATED 7/7/2011 FORWARDED TO THE
DISTRICT COLLECTOR, PATHANAMTHITTA
R7(G) A PHOTOGRAPH SHOWING THE FRONT SIDE OF THE BUILDING.
R7(H) A PHOTOGRAPH GIVING ANOTHER VIEW OF THE BUILDING IN QUESTION.
R7(I) A A PHOTOGRAPH SHOWING THE PARKING GROUND OPENING FROM THE
M.C.ROAD THROUGH THE CELLAR BEHIND THE BUILDING.
R7(J) A TRUE COPY OF A PERMIT ISSUED TO ONE OF THE AUTORICKSHAW
OWNERS IN KULANADA STAND.
R7(K) A TRUE COPY OF THE RESOLUTION NO IV DATED 22/3/2012 OF
KULANADA GRAMA PANCHAYAT.
R7(I) A TRUE COPY OF LETTER DATED 15/5/2012 FORWARDED FROM THE
2ND RESPONDENT.
/TRUE COPY/
P.S.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
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W.P.(C)No.10922 of 2011 - M
=========================
Dated this the 22nd day of June, 2017
J U D G M E N T
The petitioner was aggrieved with the parking of autorickshaws in front of the commercial building constructed by the petitioner, blocking the entire road frontage. The petitioner was aggrieved insofar as the customers to the various businesses carried on in the building being obstructed from entering into the building. It was also alleged that many shop rooms are remaining vacant for reason of such obstruction caused by the autorickshaw drivers. A detailed order was passed by another learned Single Judge on 09.08.2011, which is extracted herein:-
Notice by speed post.
This writ petition is filed seeking a declaration that the petitioner and others are having right of access to the building owned by the petitioner in Kulanada Panchayat from every point abutting public road and is not liable to be obstructed by vehicular parking.
2. The petitioner is the owner of a commercial building having 4 rooms in the ground floor facing M.C. Road at Kulanada Junction. Petitioner submits that parking of autorickshaws in front of the 2 W.P.(C)No.10922/2011 building is causing hindrance to the ingress and egress to the shop rooms and is causing traffic block to the MC road which is a state highway. It is stated that the entry into the specified parking area is also obstructed. Petition has requested the respondents 3, 4,& 6 to issue directions to the obstructors not to obstruct the ingress and egress to the customers to the shop room. Petitioners submitted that no action has been taken so far and autorickshaws are still parked in front of the building. The petitioner also submits that due to the unauthorised parking of autorickshaws in front of his building some of the rooms are remaining vacant and that nobody is coming forward to take the rooms on lease. Considering the grievance an interim direction is issued to respondents 3, 4 & 6 to ensure that the petitioner his tenants and customers to the shop rooms have free access to their shop rooms and other rooms of the building. The authorities shall also ensure that the customers of the shops shall also enjoy the parking facilities.
3. Therefore, a direction is issued to the respondents 3, 4 & 6 to ensure free ingress and egress of the tenants and customers of shop rooms and parking of customers vehicles. For that purpose authorities shall ensure that autorickshaws or other vehicles shall not be parked in front of the building in such a way blocking the ingress and egress and smooth parking of customers vehicles.
The writ petition would stand disposed of making the interim order absolute. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/22/06/2017