IMPORTANT POINT
Whether the District Magistrate has got power to pass a conditional order u/s.133(1)(a)Cr.P.C or even under Section 133 (1)(b) of Cr.P.C in such situation-If an area is affected by traffic problem due to uncontrolled parking in a building premises, Sect.133(1)(a) or 133 (1)(b) Cr.P.C cannot be invoked by the District Magistrate. Section 133 (1)(a) is applicable only if the obstruction or nuisance in a public place- Under the guise of removing the obstruction or nuisance in a public road, the District Magistrate cannot invoke Section 133(1)(a) Cr.P.C to shut down a business. Section 133(1) (b) Cr.P.C can be invoked by the District Magistrate, only if the conduct of any trade or occupation or the keeping of any goods or merchandise is injurious to health or physical comfort of the community.

ORDER :

1. The above Crl.M.C is filed challenging Annexure-VII order passed by the District Magistrate, Thiruvananthapuram. This is an order passed by the District Magistrate under S.133(a)(i) of the Criminal Procedure Code (Cr.P.C). The above notice is issued to the licensee of M/s.Mother's Vegetarian Plaza Restaurant, Vanros Junction, Thiruvananthapuram. The petitioner is running the restaurant. The conditional order passed by the District Magistrate is extracted here under:

WHEREAS, it has been appeared to me by personal experience during the recent flood and disaster relief work at the city that the road connecting the busy Bakery Junction to the Vanrose Junction is obstructed for hours. The main cause of the traffic snarl is due to uncontrolled parking in front of Mother's Veg.Plaza Restaurant hereinafter, referred to as the defaulter and convinced that the road in front of the restaurant is not congenial to contain the vehicle coming to there and thereby become not congenial for two way traffic; this road is being used as passage from Thampanoor to important destinations of not only the city and of the State; and traffic blockade is frequent in all day due to the vehicles of customers coming to the restaurant;

AND WHEREAS, adequate slot or any arrangements for parking has not been made by the restaurant ever since; traffic in the road is becoming dense day by day; this is against the guidance issued by the District Administration, recently; and a staff posted in front of the shop seen controlling traffic by violating traffic rules only to make way for their customers by obstructing the vehicles of the public; the practice if not prohibited, the main arterial road became a bottle neck to the traffic in Bakery Junction one of the busiest junctions of the City;

AND WHEREAS, I am convinced that there is sufficient ground for proceeding under Section 133(a)(i) of Cr.P.C and immediate intervention of District Administration is imminent to ensure the ingress and egress of the public,

NOW THEREFORE, I, Biju Prabhakar, I.A.S, the District Magistrate Thiruvananthapuram in exercise of the powers conferred upon me u/s.133(a)(i) Cr.P.C and with a view to ensure the smooth traffic and to maintain smooth ingress and aggress of the common people, do hereby order and direct the Licensee, M/s.Mother's Veg.Plaza Restaurant, Vanrose Junction, Thycaud Village, Thiruvananthapuram Taluk, to stop functioning of the work with immediate effect, until further orders; and show cause why the order should not be made absolute on 12.6.2015; 11 a.m before the Additional District Magistrate, Thiruvananthapuram (Civil Station, Kudappanakunnu, Thiruvananthapuram)

Tahsildar, Thiruvananthapuram will verify the area marked for traffic in the building is per the norms and report immediately;

The District Officer, Food Safety will verify whether arrangements for waste management in the shop

The Commissioner of Police, Thiruvananthapuram City/the Tahsildar Executive Magistrate/ Thiruvananthapuram will ensure that the order has been scrupulously adhered to and necessary direction may be given to SHO/Village Officer, concerned.

The Sub Inspector of Police, Cantonment is directed to serve the Order to the parties and return served copy before the hearing date.

2. In Annexure-VII the provision noted is S.133(a)(i) Cr.P.C. It is not clear whether it is S.133(1)(a)& (i) Cr.P.C or whether it is S.133(a) (i) Cr.P.C. It is difficult to find out Section 133 (a)(i) in Cr.P.C because there is no sub clause to S.133(1)(a) Cr.P.C. Probably, it will be an order under Section 133(1)(a) & (i) Cr.P.C. According to the District Magistrate, by his personal experience, the road connecting the busy Bakery Junction to Vanrose Junction, is obstructed for hours . According to the District Magistrate, the main cause of the traffic problem is due to uncontrolled parking in front of Mother's Veg Plaza Restaurant. According to the District Magistrate, adequate slot or any arrangement for parking ha