Kerala High Court
Unnikrishnan vs State Of Kerala on 23 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:54554
WP(C) NO. 23824 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 23824 OF 2023
PETITIONERS:
1 UNNIKRISHNAN,
AGED 72 YEARS
S/O. RAMAN NAIR, CHERIYARAROTH HOUSE, P.O.
CHERUKULATHOOR, KOZHIKODE DISTRICT, PIN - 673601
2 P.K. MOIDEEN,
AGED 65 YEARS
S/O. KOYAKUTTY, BHOOMIIDINJAKUZHIYIL, P.O.
POOVATTUPARAMBA, KOZHIKODE DISTRICT, PIN - 673008
3 PRAVEEN K.P.,
AGED 35 YEARS
S/O. GANGADHARAN, KAMMANAPUZHAYIL, P.O. PERUMANNA,
KOZHIKODE DISTRICT, PIN - 673019
4 SATHIANDRANATHAN,
AGED 70 YEARS
S/O. KRISHNAN NAIR, KARUPPALPATTA, POOVATTUPARAMBA
P.O., KOZHIKODE DISTRICT, PIN - 673008
5 CHANDRAHASAN,
AGED 63 YEARS
S/O. UNNEERIKUTTY, KARUTHEDAM PARAMBA,
POOVATTUPARAMBA P.O., KOZHIKODE DISTRICT, PIN -
673008
6 E. CHANDRAN,
AGED 75 YEARS
S/O. KUTTAN, ELIPARAMBATH, POOVATTUPARAMBA P.O.,
KOZHIKODE DISTRICT, PIN - 673008
7 P.P. PADMANABHAN,
AGED 72 YEARS
S/O. UNICHUNDA, ERANJIKKAL HOUSE, POOVATTUPARAMBA
2025:KER:54554
WP(C) NO. 23824 OF 2023
2
P.O., KOZHIKODE DISTRICT, PIN - 673008
BY ADVS.
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
RESPONDENTS:
1 STATE OF KERALA,
AGED 65 YEARS
REPRESENTED BY PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT, NORTH BLOCK,
TRIVANDRUM, PIN - 695001
2 THE DISTRICT COLLECTOR,
KOZHIKODE DISTRICT, CIVIL STATION, KOZHIKODE, PIN -
673020
3 PERUVAYAL GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, POOVATTUPARAMBA P.O.,
KOZHIKODE DISTRICT, PIN - 673008
4 THE SECRETARY,
PERUVAYAL GRAMA PANCHAYAT, POOVATTUPARAMBA P.O.,
KOZHIKODE DISTRICT, PIN - 673008
5 THE ASSISTANT COMMISSIONER,
CITY TRAFFIC POLICE, MANANCHIRA, KOZHIKODE
DISTRICT, PIN - 673001
6 THE TRAFFIC REGULATORY COMMITTEE
REPRESENTED BY ITS CHAIRMAN, SECRETARY, PERUVAYAL
GRAMA PANCHAYAT, POOVATTUPARAMBA P.O., KOZHIKODE
DISTRICT, PIN - 673008
7 ADDL R7.THE PRESIDENT AUTO DRIVERS CO. ORDINATION
COMMITTEE
POOVATTUPARAMBA, SAJEEVAN, S/O MADHAVAN,
ARIPPAPURATH POYIL, PERUMANNNA (PO), KOZHIKODE
DISTRICT, 673008
8 ADDL.R8. SECRETARY AUTO DRIVERS CO. ORDINATION
2025:KER:54554
WP(C) NO. 23824 OF 2023
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COMMITTEE
POOVATTUPARAMBA, PRASAD, S/O BHASKARAN,
KIZHAKKUVEETTIL (HOUSE), POOVATTUPARAMBA (PO)
KOZHIKODE 673008 ( ADDITIONAL 7TH AND 8TH
RESPONDENTS ARE IMPLEADED AS PER ORDER DATED
13.11.2023 IN I.A.1/2023 IN WP(C) NO.23824/2023 ).
BY ADVS.
GOVERNMENT PLEADER SMT.DEEPA V.
SRI.VINOD SINGH CHERIYAN
SHRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SMT.ANJU R S.
SHRI.K C MOHAMED RASHID
SMT.BIJITHA B. BOSE
SRI.T.M.KHALID
SMT.K.P.SUSMITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:54554
WP(C) NO. 23824 OF 2023
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Dated this the 23rd day of July, 2025
JUDGMENT
The writ petition is filed to direct the 6 th respondent to consider Exts.P2 to P4 representations, expeditiously.
2. The petitioners are the traders in Poovattuparamba junction situated within the 3rd respondent Panchayat. They contend that the members of the additional respondents 7 and 8 committees are indiscriminately parking their autorickshaws in front of the petitioners' shop rooms and causing obstruction to their free ingress and egress. Notwithstanding the fact that the petitioners have submitted Exts.P2 to P4 representations before the respondents 4, 2 and 5, respectively, no action has been taken in the matter. Hence, the writ petition.
2025:KER:54554 WP(C) NO. 23824 OF 2023 5
3. The respondents 3 and 4 have filed their counter affidavit denying the allegations in the writ petition.
4. Heard; the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel for the respondents 3 and 4 and the learned counsel for the additional respondents 7 and 8.
5. The petitioners' grievance is that, the members of the additional respondents 7 and 8 are indiscriminately parking their autorickshaws in front of the petitioners shop rooms and causing obstruction to their free ingress and egress.
6. Section 72 of the Kerala Police Act 2011, reads as follows:
"72 Traffic Regulatory Committees (1) In every Grama Panchayath, Municipality and Corporation Traffic Regulatory Committees shall be constituted as may be prescribed, for regulating matters in respect of traffic 2025:KER:54554 WP(C) NO. 23824 OF 2023 6 (2) The concerned head of the Local Government institution shall be the Chariman of the Traffic Regulatory Committee and the nominees of the District Magistrate, the District Police Chief, the Regional Transport Officer and the Executive Engineer of Public Works Department shall be the members of the said Committee.
(3) The Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the following matters. Such orders issued shall be complied with by the Government Departments concerned, the officers and the general public, namely :-
(a) regulate the manner and time of traffic of all kinds in public places;
(b) regulate the gateways, festoons, banners, hoardings, signs, re Presentations, illuminated displays, construction activity, trade, welding, environmental pollution, nuisance by noise, blasting of rocks, mining, bursting of crackers, flying of kites and fireworks etc , seen in any property m the manner having the possibility of distracting attention of the public road users or causing danger to them;
(c) regulate the manner and mode of conveyance of timber, poles, ladders, iron girders, beams, iron bars, boilers, hay, soil and articles difficult in handling, etc along the streets;
(d) regulate the carrying of any explosive substances or hazardous chemicals along public places which may cause danger to road users;
(e) close certain streets or instruct that no one shall enter in certain places under circumstances that there is reasonable apprehension of danger from buildings which are on the verge of collapse or due to other reasons;
(f) regulate the manner and means of entry from streets and public places to private buildings and places situated on the road side;
(g) fix the manner in which the members of the general public may voluntarily assist in traffic management 2025:KER:54554 WP(C) NO. 23824 OF 2023 7 without causing any financial liability in that respect to the State or the Police Department".
7. The question regarding applicability of Section 72 of the Kerala Police Act in matters of above nature is no longer res integra in view of the categoric declaration of law by this Court in Sreekumaran Nair T.S. vs. Neyyattinkara Municipality [ 2023 KHC OnLine 10345], which in turn is passed by relying on a Division Bench decision of this Court in Noushad M. and others vs. State of Kerala and others [2019 (2) KHC 562]. The exposition of the law in the above decisions rules the roost.
8.In the aforesaid circumstances, I am of the view that the grievance projected in Exts.P2 to P4 representations have to be considered by the 6 th respondent.
Accordingly, I dispose of the writ petition, by directing the 6th respondent to consider Exts.P2 to P4 representations, in accordance with law and as expeditiously as possible, at any rate, within 60 days from the date of production of a copy of this judgment, after 2025:KER:54554 WP(C) NO. 23824 OF 2023 8 affording the representatives of petitioners and the additional respondents 7 and 8 an opportunity of being heard.
The writ petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm/23/7/2025 2025:KER:54554 WP(C) NO. 23824 OF 2023 9 APPENDIX OF WP(C) 23824/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 1ST PETITIONER'S APPLICATION TO THE 3RD RESPONDENT, DATED 28-12-2022.
Exhibit P1(a) TRUE COPY OF THE REPLY TO EXT.P1 BY THE 3RD RESPONDENT, DATED 20-01-2023. Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER TRADERS TO THE 4TH RESPONDENT, DATED 17-01-2023. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS AND OTHER TRADERS TO THE 2ND RESPONDENT, DATED 17-01-2023. Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS AND OTHER TRADERS TO THE 5TH RESPONDENT, DATED 17-01-2023.