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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.
Point of Law : Permitting parking of autorickshaws permanently in front of shoprooms on side of Highway is an appropriation of private right of owners of shops and houses, to have free access to High....
Parking of vehicles must not obstruct access to properties, reinforcing adherence to legal norms established in prior judgments.
Point of Law : operators of autorikshaws can insist that they be allowed to unauthorisedly park in any area on the strength of their assertion that they have been doing so for the last several years.
Court upheld the enforcement of authorized parking regulations to prevent obstruction of property access.
The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at wh....
Authority must address complaints regarding obstructive parking to ensure access to properties.
The court held local authorities must ensure no obstruction due to unauthorized parking in commercial areas to safeguard business rights.
Traffic Regulatory Committee to manage parking issues under Kerala Police Act.
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