Kerala High Court
M.B.Abdul Karim Aged 61 Years vs Station House Officer on 11 March, 2013
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934
WP(C).No. 4469 of 2013 (G)
---------------------------
PETITIONER:
-------------
M.B.ABDUL KARIM AGED 61 YEARS
S/O.BAVA, MANGATHARA HOUSE, KUTTAMASSERY
THOTTUMUHAM P.O., ALUVA.
BY ADVS.SRI.M.A.KHADIRKUNJU
SRI.C.M.NAZAR
RESPONDENTS:
--------------
1. STATION HOUSE OFFICER
ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT.
2. KEEZHMADU GRAMA PANCHAYATH
KEEZHUMADU, ERUMATHALA P.O., ALUVA
REPRESENTED BY ITS SECRETARY.
R2 BY ADV. SRI.S.SHANAVAS KHAN
R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC4469/2013
PETITIONER'S EXTS;
EXT.P1: A TRUE COPY OF THE COMPLAINT DT.21.1.2013 SUBMITTED BEFORE THE
FIRST RESPONDENT AND ITS RECEIPT
EXT.P2: A PHOTOGRAPH OF THE UNAUTHORIZED PARKING OF AUTORICKSHAWS
INFRONT OF THE PETITIONERS SHOP
EXT.P3: A TRUE COPY OF THE COMPLAINT DT.21.1.2013 SUBMITTED BEFORE THE
SECOND RESPONDENT AND RECEIPT
JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN, J.
------------------------------------------------------------
W.P(C) NO: 4469 OF 2013
-----------------------------------------------------------
Dated this the 11th March, 2013.
JUDGMENT
The complaint of the petitioner is regarding the flex boards that are installed on the Bus Shelter in front of his shop as well as the obstruction caused by parking of autorickshaws on the public road blocking the ingress and egress to his establishment. Though innumerable complaints have been made to the respondents, he laments that no action has been taken thereon till date. Consequently the nuisance is continuing unabated causing loss of business and financial loss to him.
2. Adv.Shanavas Khan appears for the Panchayat. According to the counsel, there is an auto stand nearby. Autorickshaw drivers are supposed to park their vehicles at the auto stand. Any violations of the directions of the Panchayat is to be taken note of and prevented by the Police authorities by taking necessary action. Since Ext.P3 representation is pending before the Panchayat, the same would be considered and necessary orders would be passed thereon, without further delay.
WPC4469/2013 2
3. In view of the above this writ petition is disposed of directing the second respondent to consider Ext.P3 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of three weeks of the date of receipt of a copy of this judgment. The second respondent shall take necessary and effective steps to ensure that autorickshaws are not parked as seen in Ext.P2 photographs blocking the entrance of the petitioner's establishment and shall also see to it that the flex boards are removed so as to keep the Bus Shelter free of such boards. The Panchayat has ample powers to address the first respondent also to ensure that the directions are complied with. In the event of such direction being issued, the first respondent shall see that they are promptly implemented.
Sd/-
K. SURENDRA MOHAN
Judge
jj /True copy/
P.S.to Judge
WPC4469/2013 3