HIGH COURT OF KERALA
MR.JUSTICE VIJU ABRAHAM, J
ROSHY J PALLAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
(VIJU ABRAHAM, J.)
The above writ petition is filed seeking the following reliefs:
“(i) Issue a writ in the nature of mandamus, order or direction directing the 2nd and 3rd respondents to provide adequate, necessary and sufficient protection by removing the illegal parking of Autorickshaws by the respondents 6 to 9 who are blocking access to the properties of the petitioner; and (ia) may be pleased to dispense with filing of translation of vernacular documents;
(ii) Pass such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”
2. The brief facts necessary for disposal of the writ petition are as follows: The petitioner is the co-owner of a building by name “Joseph Plaza” situated in Thammanam Junction. The building has frontages on the eastern side of Palarivattom Road and on the northern side of Thammanam–Pullepady road. Ground floor of the building consists of various shop rooms which are let out to tenants who are doing business therein. First floor portion is let out to M/s.National Insurance Company Limited and to M/s.Capitol Saloon. Initially few Autorickshaws used to park on the eastern side of the building without causing any
Property owners have a right of access to the highway at all points, which cannot be obstructed by unauthorized parking.
Parking of vehicles must not obstruct access to properties, reinforcing adherence to legal norms established in prior judgments.
Unauthorized parking obstructing business access violates property rights; regulatory bodies must enforce compliance.
The court held local authorities must ensure no obstruction due to unauthorized parking in commercial areas to safeguard business rights.
Court emphasized the enforcement of local governance decisions against disruption of business operations.
Traffic Regulatory Committee to manage parking issues under Kerala Police Act.
The court upheld the writ mandating removal of unauthorized parking obstructing private premises, emphasizing public order maintenance.
The main legal point established is the application of the common law principle granting landowners the right of access to a highway at any point their land touches the highway, balanced with public ....
Unauthorized parking obstructing business operations can be addressed through petitions to regulatory authorities for adequate resolutions.
The court directed the Traffic Regulatory Committee to conclusively address public space concerns raised by the petitioners, ensuring timely resolution.
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