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2013 Supreme(Ker) 850

V.CHITAMBARESH
CHANDRAN – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Advocates Appeared:
For the Appellant : K.P. Sudheer and Sumodh Madhavan Nair.
For the Respondent: E. Narayanan, K. Muraleedharan, Sunny Mathew and Government Pleader (P.M. Saneer) and Benny Gervasis As amicus curiae.

JUDGMENT :

V. CHITAMBARESH, J.

1. The Writ Petitions pertain to the alleged unauthorised parking of autorikshaws/taxies on the side of public roads impeding vehicular and pedestrian traffic. S. 117 of the Motor Vehicles Act, 1988 empowers the State Government in consultation with the local authority to determine places at which the autorikshaws/taxies can be parked for a longer duration. R.344 of the Kerala Motor Vehicles Rules, 1989 empowers the Regional Transport Authority in consultation with the local body and the Superintendent of Police to determine the location of a parking place for autorikshaws/taxies. The issue is covered by a series of decisions of this Court and a few of them are as follows:

(i) Joseph v. District Magistrate (1996 (2) KLT 490).

(ii) Abdurahiman v. Vengara Grama Panchayat (2001 (2) KLT SN 85 (C. No. 107)).

(iii) P.T. Abdurahman Vs. The Tribunal and Others .

2. A minimum of 1.5 metres beyond the tarred margin of the road is to be left for pedestrian traffic throughout the State. This finds support from R.6 of the Kerala Panchayat Road (Landing Places, Halting Places, Cart Stands and other Vehicle Stands) Rule, 1995 also. The specification of 1.5 metres beyond t


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