Kerala High Court
Abhilash I.N vs The Chief Town Planner-In ... on 26 October, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
SATURDAY, THE 26TH DAY OF OCTOBER 2019 / 4TH KARTHIKA, 1941
WP(C).No.14082 OF 2019(I)
PETITIONERS:
1 ABHILASH I.N
AGED 35 YEARS
SON OF SRI. NARAYANAN NAIR K,
M/S. ASHWATHY TRADERS, MARKET ROAD,
COCHIN - 682 035.
2 BABU ANTONY K. J.
AGED 47 YEARS
SON OF SRI. ANTONY K.J, M/S. BABU PHOTOSHOP,
MARKET ROAD, COCHIN - 682 035.
BY ADVS.
SRI.N.K.SUBRAMANIAN
SMT.MARIA ELIZABETH WILSON
SMT.SNEHA VIJAYAN
RESPONDENTS:
1 THE CHIEF TOWN PLANNER-IN CHARGE(VIGILANCE),
VIGILANCE WING, LOCAL SELF GOVERNMENT DEPARTMENT,
5TH FLOOR, SWARAJ NHAVAN, NANTHANCODE,
KOWDIAR P.O, THIRUVANANTHAPURAM - 695 035.
2 THE SECRETARY
CORPORATION OF KOCHI, P.B. NO. 1016,
ERNAKULAM - 682 011.
3 THE DISTRICT POLICE CHIEF/CITY POLICE COMMISSIONER,
ABDUL KALAM MARG, MARINE DRIVE, KOCHI - 682 011.
4 THE DEPUTY COMMISSIONER OF POLICE TRAFFIC
KOMBARA JUNCTION, ERNAKULAM - 682 018.
R1, R3-4 BY GOVERNMENT PLEADER
R2 BY SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION
SRI.MANURAJ K.J, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14082 OF 2019 2
JUDGMENT
The petitioners, who are stated to be running some businesses in the Market Road, Ernakulam, have approached this Court complaining about the illegal parking allowed in the said road and the consequential inconvenience being caused to them and other users of the said road, including students of a School by name St.Mary's C.G.H.S.S.
2. According to the petitioners, it is squarely on account of the inept handling of the situation by various stakeholders that things have come to this stage; and, therefore, prays that the Police Authorities be directed to ensure that parking is regulated and that no further inconvenience or prejudice is caused to the the pedestrians using the road and to the vehicles plying on it.
3. On hearing the learned counsel for the petitioners on the afore lines on 24/10/2019, I had issued the following WP(C).No.14082 OF 2019 3 order:-
"When I commenced hearing this matter, the learned counsel on either side are ad idem that the parking in the road in question has been done illegally and that in spite of several instructions and requisitions made by the Corporation and other concerned Authorities, no action has been taken by the Police Authorities to ensure that this problem is abated.
I, Therefore, direct the learned Government Pleader to obtain specific instructions from the 3rd respondent-Commissioner of Police, Kochi City, as to what steps the Police Authorities have taken in this matter and report before this Court on 26/10/2019."
4. In obedience to the afore order, a report has now been placed on record by the Deputy Commissioner of Police, in which it is averred as under:-
"3. In the light of the above it is most respectfully submitted that the market road is an important business area in Kochi city and that area contains large number of godowns, wholesale and retail shops, Heavy steel metal godowns are also situated in this area and hence this road is being used for transporting their materials in heavy vehicles. Large number of light goods vehicles as well as cars, two wheelers and three wheelers and also using this road for the transporting of purchased materials from the market to their shops situated in different places.
4. In order to take stringent action against unauthorized parking in the Market Road, traffic enforcement units have already been deployed viz: traffic patrolling teams comprising of two mobile patrolling and two WP(C).No.14082 OF 2019 4 sector patrolling vehicles in the above said road with strict directions to take effective legal action against the unauthorized parking. Time regulation (8.am to 8.p.m) has also been imposed in respect of the heavy vehicles engaged in loading and unloading of goods and this is being strictly followed and violators are booked. For the above said purpose two warning boards have also been placed at two places in the market road showing the following ("അററയറപപ - രരവറലല 08.00 മണറ മമതൽ രര(തറ 08.00 മണറ വലര ലഹവറ വരഹനങള ഈ ററരഡറൽ (പറവശറകരറനര പരർകപ ലചയപയരറനര പരടറലപല") Moreover, the Police Officers on patrolling duty at station mobiles, sector officers... etc are also instructed to affix no parking stickers and take suo motu case against unauthorized parking in this road.
5. It is further submitted that as part of the legal action to be taken against the unauthorized parking, the traffic police have already detected 163 petty offences and registered two suo motu cases during the last three months.
6. It is also further submitted that the Market Road is a main road to the Ernakulam Market and it is virtually impossible to prohibit loading and unloading of goods from the vehicles which come to the godowns and shops at the market road. Certain arrangements like time limit have already been imposed but this alone is insufficient to provide a lasting solution.
7. For this purpose an inspection was carried out by me on 25.10.2019 whereupon I found that the market road which is a road maintained by the Corporation of Kochi is in a very bad shape. It is also seen that the drainage on both sides are covered with concrete slabs which are actually broken in most places. These are potentially death traps and this should have been rectified and maintained by the corporation of Kochi, but not seen done. If the corporation is rectifying and replacing the damaged concrete slabs on top of the drains of either side and repairing the roads then to a WP(C).No.14082 OF 2019 5 large extent the parking problem, by allowing parallel parking on one side of the road, and smooth flow of traffic, can be achieved. If the roads are properly rectified, tarred and maintained and drains are properly covered and maintained and parking is allowed only on one side of the road alone, then this could help achieve a solution to the problem of pedestrians walking and smooth flow of traffic.
8. This suggestion can be put before the Traffic Regulatory Committee and it is submitted that necessary steps will be taken to recommend and convene a Traffic Regulatory Committee meeting related to traffic issues and unauthorized parking in the market road.
9. The details regarding the damages to the roads in question, dilapidated conditions of the foot path, lack of sufficient hand rails and lamp post have been communicated to the authorities of the Kochi Corporation for rectification on 25.10.2019.
10. To provide a solution to the menace of unauthorized parking and as suggested above, steps can be taken through the Traffic Regulatory Committee to restrict the parking of vehicles only on one side of the subject road. The further reason for the situation prevalent there is the unavailability of adequate nearby parking areas which also contribute to a large extent and is also one of the main reasons for the illegal parking at Market road. A pay and park facility is available at the entrance of the market road in Banerji Road which can only, at the most, accommodate a maximum of 12 to 15 cars. This is totally insufficient considering the volume of traffic and users in the market road.
11. The further pay and park facility on a large scale is only available at Marine Drive. But due to practical reasons it is seen that people coming to market road do not use the Marine Drive pay and park facility. In this regard there is also a need to create awareness about the use of nearby parking facilities for the regular commuters to the market road and to the people who park their vehicles on market road."WP(C).No.14082 OF 2019 6
5. After stating as above, the Deputy Commissioner then makes the following suggestions in the said report:-
12. It is further submitted that necessary steps have been taken to establish sign boards regarding the time restriction as stated above.
Further steps can be taken to place boards showing "no parking" on one side of the Market road. Hence, to solve the parking and traffic issues in market road the following suggestions are put forth.
(a) Sufficient boards showing "No Parking"
can be placed in the Market Road to prevent parking on one side, after the final decision by the Traffic Regulatory Committee.
(b) Parallel Parking can be permitted only on one side of the road in market road.
(c) The concrete slabs on the drains of both sides of the market road should be repaired and maintained by the Corporation on a war footing so that no untoward incidents happen.
(d) The road in the market road should be tarred/paved and repaired by the Corporation at the earliest to effect the smooth flow of traffic which will help to reduce the traffic congestion in the said road.
(e) The imposition of time limit from 8.am to 8 p.m for entry and exit of heavy vehicles can be continued and can be regulated.
6. As is, therefore, clear from the above, a permanent solution can be obtained to this problem only if all the stakeholders, including the Police, the Transport Authorities, Traffic Regulatory Authorities and the Corporation of Kochi act in tandem.
WP(C).No.14082 OF 2019 7
7. It is ineluctable from the afore report that one main issue that causes a lot of inconvenience to all the persons who use the Market Road is the miserable condition of the slabs covering the drainage system and that the Deputy Commissioner has, as is clear from the above, suggested that these slabs should be immediately repaired, so as to enable the Police to effectively regulate the traffic and persons through the road, particularly because, as rightly stated by the said Officer, this road is a very important one for the city of Kochi.
8. I can only say that it is a travesty that the competent Authorities have allowed things to come to this pass and that none of the civil officials have noticed the miserable condition of the concrete slabs over the drainage system until now. I do not propose to say anything further, since I am aware that the Government is now intervening for the city WP(C).No.14082 OF 2019 8 of Kochi on the basis of certain orders that I have already issued in another matter, which will then possibly find a long term solution to the drainage system of the city.
9. In the afore circumstances, I am of the view that the suggestions now made by the Deputy Commissioner of Police in Paragraph 12 of the statement afore extracted must be forthwith put into operation, which will operate as a minimum standard to be maintained, so that the issues projected in this writ petition can, to atleast some extent, find resolution.
Resultantly, this writ petition is ordered as below:
(a) The Commissioner of Police and the Deputy Commissioner of Police, Kochi, shall ensure that the suggestions shown as 12(a),12(b) and 12(e)in the afore extracted report are scrupulously complied with; and for this purpose, they are at liberty to WP(C).No.14082 OF 2019 9 approach the concerned Traffic Regulatory Authority, if it is so necessary. However, action in this regard shall be taken immediately and without any delay, so that illegal and unauthorized parking and entry of vehicles in the road in question can be avoided and regulated as per law.
(b) The 2nd respondent-Secretary of the Corporation of Kochi - will immediately initiate steps to repair and reinstall the concrete slabs on the drains on both sides of the Market Road and to maintain it in future without any defect. The said Authority will also take steps to have the Market Road tarred/paved at the earliest but not later than two months from the date of receipt of a copy of this judgment, so as to enable the Police to regulate smooth traffic through this road and to reduce the traffic congestion, which appears to be mainly on account of its miserable condition and that of the drains.
I am certain that if the afore
WP(C).No.14082 OF 2019 10
directions are complied with by the
respective Authorities in its letter and
spirit, the apprehensions voiced by the
petitioners in this writ petition will be substantially, if not fully, allayed.
I also leave liberty to the
petitioners to approach this Court in
future, if any further clarifications or
suggestions are required; in which event, the Registry will list this case for further orders appropriately.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/28.10.19 WP(C).No.14082 OF 2019 11 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 26.06.2018, SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS TO THE RESPONDENTS.
EXHIBIT P2 PHOTOGRAPHS
RESPONDENT'S/S EXHIBITS:
NIL
MC
(TRUE COPY) PA TO JUDGE