IMPORTANT POINTS:
Section 72(3) provides that the Traffic Regulatory committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 and the Kerala Road Safety Act,2007 and the rules made there under, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the matters provided under sub-sections (3)(a) to (3)(g) of Section 72.

N. ANIL KUMAR, J.

The petitioners have filed this writ petition praying for a direction to respondents 4 to 6 to provide effective police protection to the life and property of the petitioners and to ensure that there are no auto rickshaws parked in front of the building and from the illegal obstructions from respondents 9 to 12 and their men by resisting the free ingress and egress of the petitoners' shop rooms and houses with building Nos. T.P.IX/561, T.P.IX/563, T.P.IX/751 to 753, T.P.IX/566, T.P.IX/369 and 569, T.P.IX/568 and 570 and also to direct respondents 4 to 8 to take appropriate action upon Exts.P11 to P15 complaints filed by the petitioners.

2. Respondents 9 to 12 are the drivers/owners of auto rickshaws parking in front of the petitioners' shop rooms and buildings. It is alleged that the regular parking of auto rickshaws by respondent 9 to 12 are causing obstruction to the free ingress and egress to their shops and houses from the road. Hence the petitioners filed Ext.P10 complaint before respondents 3 to 8 for the removal of illegal parking of auto rickshaws by respondents 9 to 12 in front of petitioners' shop rooms and houses, virtually blocking free ingress and egress to the petitioners' shop rooms and houses. The first petitioner approached the 8th respondent and on a query made before the 8th respondent under the RTI Act, the 8th respondent- Secretary of Thevalakkara Panchayat issued Ext.P9 information stating that no authorised stand is permitted in front of the first petitioner's building. Feeling aggrieved by the unauthorised parking of auto rickshaws in front of the shops and houses of the petitioners virtually blocking their free ingress and egress, the petitioners submitted Ext.P12 complaint before the fifth respondent to render adequate police protection for not blocking their ingress and egress to the shops and houses of the petitioners.

3. The petitioners are owners of shop rooms and houses in Sy.Nos.342/8-1-4, 342/8-1-3, 342/8-2-1, 342/8-3 and 405/7, 405/8, 342/5-2,382/9-2 and 202/14,342/5 in Block No.15, Thevalakkara Village, Karunagappally Taluk and with building Nos.T.P.IX/561, T.P.IX/563, T.P.IX/751 to 753, T.P.IX/566, T.P.IX/369 and 569, T.P.IX/568 and 570 of the 8th respondent- Grama Panchayat. The petitioners' shoprooms and houses are situated on the southern side of Chavara-Sasthamcotta road at Padappanal Junction of Kollam District (Chavara-Adoor State Highway).

4. Respondent No.11 filed counter affidavit for and on behalf of respondents 9,10 and 12 contending that the petitioners 1 and 2 erected a shed in front of the shoproom by trespassing into the parking area as well as the public road. Pursuant to Ext.R11(a) complaint, the 8th respondent issued Ext.R11(b) notice to the first petitioner directing him to remove the encroachment and the constructions made strictly in violation of the Kerala Panchayat Building Rules, 2011 and Section 220(b) of the Kerala Panchayat Raj Act,1994. Similarly, petitioners 3, 4 and 5 had encroached upon the public road by erecting a shed in front of their shop rooms, converted into a strong room and closed the rooms by using iron nets and thereby causing traffic congestion in that area for which the 8th respondent initiated Ext.R11(b) notice to them. According to them, they have valid contract carriage permit issued by the 7th respondent to park their auto rickshaws at Padappanal Junction without causing any traffic obstruction.

5. The question arising for consideration in this case is as to whether the owners in possession of the shoprooms and houses adjoining the Chavara-Sasthamcotta Public Road have a right to go upon the road from any point from their shop rooms, houses, especially when there is a public road; and if that right is obstructed by anyone, the owners in possession of the shoprooms or houses are entitled to maintain an action for the injury, no matter whether the obstruction does or does not constitute a public offence.

6. Heard the learned