2019 Supreme(Ker) 247

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.R. RAMACHANDRA MENON, N. ANIL KUMAR, JJ.
Jestin Thomas & Ors. - Petitioners
Versus
Circle Inspector of Police Nedumbassery & Ors. - Respondents
WP(C).No. 3127 of 2018
Decided On : 15-03-2019

IMPORTANT POINTS:
" The Village Panchayat shall obtain previous sanction or the Regional Transport Authority before opening any public stand of halting place to motor vehicles.
" The Panchayat has not followed Rule 3 of the Rules. No previous sanction has also been obtained from the Regional Transport Authority. The procedure followed by the third respondent in Ext.R5(i),(j) and (k) are not in accordance with the procedure established by law. The sub committee of the third respondent-Panchayat has no authority to bypass the procedure prescribed by the Rules.
" The authorities, which have been empowered to grant such licences and to specify areas for parking, i.e., the third respondent has failed to perform their statutory obligation to earmark authorised taxis/auto-rickshaws/motor cabs stand within their territorial limits as prescribed by the Act and Rules made there under.

Headnote:The Kerala Panchayath Raj Act, 1994- Section 227 ; The Kerala Police Act- Section 72

       The Kerala Panchayath Raj (Landing Places, Halting Places, Cart Stands and other Vehicle Stands) Rules,1995; The Motor Vehicles Act,1988-Section 117 - As per Section 117 of the State Government or any authority authorised in this behalf by the State Government, in consultation with the local authority having jurisdiction in the area concerned, may determine places at which motor vehicle may stand either indefinitely or for a specified period of time and may determine the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down of passengers.

       Statement of facts:

       The dispute relates to the location for parking place for auto taxis or motor cabs within the Panchayat area. The petitioners are owners and drivers of the new generation of vehicles known as Auto Taxis or Motor Cabs. Respondents 5 to 7 are Trade Unions of the auto-rickshaw drivers plying in and around Athani in Ernakulam District. The third respondent is yet to prescribe any auto-rickshaw stand within its territorial limits. There exists no prescribed auto-rickshaw stand in and around Athani junction. But as a matter of practice, auto-rickshaws are parked on either side of National Highway 47 at the bus stop to Aluva and Angamaly directions and also on the entry point of the road leading to Cochin International Airport. The members of respondents 5 to 7 object to the parking of auto taxis in the above mentioned points. The first petitioner on the strength of Ext.P1 registration certificate and Ext.P2 contract carriage permit of the motor cab made Ext.P5 application before the third respondent seeking permission to park his vehicle at Athani Junction. Being aggrieved by the threat and violence from members of respondents 5 to 7, the petitioners jointly made Ext.P8 complaint before the first respondent on 18.12.2017. Despite the receipt of Ext.P8, the first respondent did not make any investigation/enquiry into the complaint lodged by the petitioners. Hence, the petitioners are before this Court.

       Finding of the court:

       When the authorities constituted under the Act have not exercised their authority as has been rightly submitted by the learned counsel for the petitioners, it is the duty of the Panchayat to take up the issue with the authorities under the Kerala Motor Vehicles Act, the Kerala Panchayat Raj Act and Kerala Police Act and the Rules framed there under in accordance with law. Hence the third respondent is obliged to determine the location of parking places for auto-rickshaws and taxis including the vehicles owned and operated by the petitioners in consultation with respondents 2 and 4 and all other stakeholders, if deemed necessary, in accordance with law for providing parking place for auto taxis or motor cabs. The third respondent is also bound to constitute competent committee in accordance with the Acts and Rules cited supra within two weeks from the date of receipt of a copy of this judgment

       Result : The writ petition disposed of.