IMPORTANT POINTS
Pickup jeeps are being parked in front of the petitioner's building blocking pedestrian passage through the footpath on the side of Erattupetta – Pala road and also the ingress and egress of the tenants, the customers and their vehicles, in violation of the provisions under the Motor Vehicles (Driving) Regulations, 2017 and also the Guidelines for Pedestrian Facilities formulated by the Indian Road Congress, vide IRC:103-201. As per the statement filed on behalf of the 4th respondent Municipality, there is no notified taxi stand or parking area in front of the petitioner's building and the Municipality is taking steps for rearranging the traffic system in Erattupetta Town, with the sanction and assistance of respondents 2, 3 and 5.

JUDGMENT :

1. The petitioner is the owner of 9.75 ares of property covered by sale deed No.1133/67 dated 28.04.1967 of the SRO, Poonjar, and Ext.P1 tax receipt dated 06.07.2017. The petitioner constructed a three-storied building in the said property, which has been assigned with building Nos.III/487, 488, 489, 490, 491, 492, 493, 494, 495 and 496 of Erattupetta Municipality and the same is let out to tenants. The ground floor of the building is occupied by a photo studio, stationery shop, tailoring shop, jewellery, gas stove company and an eye clinic. The first floor is occupied by Kottayam District Co-operative Bank and the second floor is occupied by Agricultural Development Bank and an Advocate Office. The building is abutting Erattupetta -Pala Road on the south and Erattupetta -Thodupuzha Road on the east. The petitioner constructed the building after leaving sufficient parking space on both sides, for the vehicles of the tenants and their customers.

2. The grievance of the petitioner is that pickup jeeps, autorickshaws, etc. are being parked in front of the building, blocking ingress and egress of the tenants and their customers. In order to substantiate the said fact, the petitioner has placed on record Ext.P2 photographs. The has petitioner has submitted Ext.P3 representation dated 11.05.2018 before the Secretary of the 4th respondent Municipality, which was followed by Ext.P4 representation dated 28.02.2019. The petitioner has also submitted Ext.P5 representation dated 28.02.2019 before the 5th respondent Inspector of Police and Ext.P6 representation dated 28.02.2019 before the 3rd respondent Regional Transport Officer. The document marked as Ext.P7 is the information provided under the Right to Information Act, 2005 by the Public Information Officer in the Office of the 4th respondent Municipality, which is dated 10.05.2019, wherein it has been stated that there is no approved stand for pickup taxies. The petitioner has also submitted Ext.P8 representation dated 04.06.2019 before the 2nd respondent Deputy Transport Commissioner.

3. A statement has been filed on behalf of the 4th respondent Municipality, wherein it has been stated that there is no notified taxi stand or parking area in front of the petitioner's building. The Municipality is taking steps for rearranging the traffic system in Erattupetta Town, with the sanction and assistance of respondents 2, 3 and 5. After that rearrangement, the grievance of the petitioner will be solved.

4. On 18.07.2019 when this writ petition came up for consideration, the learned Standing Counsel for the 4th respondent pointed out that in front of the petitioner's building, there is a footpath and as per Ext.P2 photographs, vehicles are being parked in front of that building, blocking pedestrian passage through that footpath. The learned Government Pleader sought time to get instruction from the 5th respondent.

5. Heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 to 3 and 5 and also the learned Standing Counsel for the 4th respondent.

6. Pleadings and materials on record would show that the place where the pickup trucks are being parked in front of the petitioner's building is not a notified taxi stand or parking area. As evident from Ext.P2 photographs, vehicles are being parked in front of the petitioner's building, blocking pedestrian passage through the footpath on the side of Erattupetta – Pala road.

7. The Indian Road Congress has formulated Guidelines for Pedestrian Facilities, vide IRC:103-2012. Indian Road Congress was set up in December, 1934 on the recommendations of the Indian Road Development Committee (Jayakar Committee) set up by the Government of India, with the objective of Road Development in India. Indian Road Congress works in collaboration with Ministry of Road Transport and Highways (MoRTH). The Director General (Road Development) and Special Secretary, MoRTH, is the Honorary Treasurer of Indian Road Congress. There are