The court affirmed the authority of the Traffic Regulatory Committee to regulate parking and protect business interests under the Kerala Police Act.

JUDGMENT

The petitioners are shopkeepers having their shops near Kangarapadi junction within the territorial area of Kalamassery Municipality. They are aggrieved by the unauthorised parking of autorickshaws, taxi cars and other vehicles in front of their shops rooms obstructing the ingress and egress to the shops. According to the petitioners, due to the unauthorised parking of vehicles, their business is adversely affected. Though they have approached various authorities, no steps have been taken to redress their grievances. Ext. P7 is one such complaint preferred before the 3rd respondent.

2. Heard Sri. Titus Mani, the learned counsel for the petitioners, Sri. M.K.Aboobacker, the learned Standing counsel for the 1st respondent Municipality and the additional 5th respondent, Sri. B.S.Syamanthak, the learned Government Pleader for the respondents 2 and 3 and Sri. Saju K.T. for the additional 4th respondent.

3. Section 72 of the Kerala Police Act provides for constitution of a Traffic Regulatory Committee in all local authorities for regulating the manner and time of traffic of all kinds in public places, which includes power to demarcate autorickshaw/auto Taxi Stands also. The Kerala Police Rules, 2000 provide that the Traffic Regulatory Committee shall have the powers to annihilate or avoid traffic incidents obstructing or causing injuries to the general public and such instructions shall be complied with by all the Government departments and the general public.

4. Since a Traffic Regulatory Committee has already been constituted in the first respondent Municipality, there will be a direction to the Convener of the Traffic Regulatory Committee to place Ext. P7 before the Traffic Regulatory Committee within a period of one week from the date of receipt of a copy of this judgment. On Ext.P7 being placed before the Traffic Regulatory Committee, the Traffic Regulatory Committee shall hear the petitioners, the additional 4th respondent and all other stakeholders whom the Committee deems fit to be heard. Before the Traffic Regulatory Committee takes a final decision, the views of the pedestrians and commuters at the Kangararapadi junction randomly selected shall also be ascertained and their views shall be discussed at the meeting of the Committee. The decision as aforesaid shall be taken within a period of three months from the date on which Ext. P7 is placed before the Committee. Till a decision is taken by the Traffic Regulatory Committee, the 3rd respondent shall ensure that no autorikshaws or taxi cars are parked in front of the shops of the petitioners obstructing the ingress and egress to their shop rooms.

The writ petition is disposed of as above.