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2022 Supreme(Ker) 472

N.NAGARESH
D. Prabhakaran, S/o. Dinakaran – Appellant
Versus
State of Kerala, Represented by The Principal Secretary, Local Self Government Department – Respondent


Advocates Appeared:
For the Petitioner: B. Renjithkumar.
For the Respondents: M.R. Arunkumar, P.A. Mohammed Shah, C.R. Syamkumar, Aswin Kumar M.J., Helen P.A., Arun Roy, Shahir Showkath Ali, Sri. Syamanthak BS, Government Pleader.

JUDGMENT :

1. Both these writ petitions relate to regulating an Autorickshaw Stand near the KSRTC Bus Stand, Haripad, adjacent to NH-66. Hence, the writ petitions are heard together and being disposed of by a common judgment.

2. The petitioner in W.P.(C) No.14698 of 2021 is an autorickshaw driver and President of Autorickshaw Thozhilali Samrakshana Samithy. Autorickshaws are parked at the northern end of KSRTC Bus Stand at Haripad, which place is used as Autorickshaw Stand. About 70 autorickshaws are normally parked in the said Stand, states the petitioner. The 6th respondent, who owns 3.66 Ares land on the western side of the Autorickshaw Stand, constructed a commercial building there, without providing sufficient parking area.

3. The 6th respondent filed W.P.(C) No.26868 of 2019 to remove autorickshaws parked in the Stand and this Court directed the 3rd respondent to convene a meeting of the Traffic Regulatory Committee and identify places for parking. A meeting convened by the Traffic Regulatory Committee decided as per Ext.P2 that parking of the Autorickshaws should be without obstructing entrance to shops.

4. The petitioner submits that the decision taken as per Ext.P2 is impracti

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