2022 Supreme(Online)(KER) 33444
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 WP(C) NO. 17665 OF 2022 PETITIONER/S:
1 HANSA THOMAS AGED 74 YEARS W/O. LATE ADV. THOMAS CHAKRAMPILLY, CHAKRAMPPILLY HOUSE, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018
2 ALEX JOSEPH AGED 63 YEARS S/O JOSEPH CHANDY, VELIYATH HOUSE, OLD RAILWAY STATION ROAD, ERNAKULAM , PIN - 682018
3 THOMAS M.T AGED 57 YEARS S/O THOMAS M.C., MANAGING PARTNER, COCHIN BUSINESS CORPORATION, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018
4 ROY CHACKO AGED 63 YEARS /O P.C.CHACKO, P.C. CHACKO AND ASSOCIATES, ST. ALBERTS COLLEGE LANE, ERNAKULAM , PIN - 682018 BY ADV K.C.VINCENT RESPONDENT/S:
1 COCHIN CORPORATION SECRETARY, CORPORATION OFFICE,MARINE DRIVE,ERNAKULAM , PIN - 682001
2 ST. ALBERTS COLLEGE REPRESENTED BY ITS PRINCIPAL, BANERJI ROAD, ERNAKULAM , PIN - 682018
3 ASSISTANT COMMISSIONER OF POLICE TRAFFIC DIVISION, OLD RAILWAY STATION ROAD, ERNAKULAM , PIN - 682018 BY ADVS.
SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA SHERRY J. THOMAS ADVOCATE GENERAL OFFICE KERALA R.HARISHANKAR JOEMON ANTONY OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J --------------------------------------------
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Dated this the 5th day of August, 2022
JUDGMENT
The above writ petition is filed with following prayers :
“a) Issue a writ of mandamus or any other writ order or direction calling upon the 1st respondent to dispose of Exhibit P1 in accordance with law after hearing the affected parties, within a time limit as dictated by this Hon'ble Court.
b) Issue a declaration that the respondents 1 and 3 are duty bound to see that the St.Albert's College Lane is free from all obstructions which prevents the passage of vehicles and to prevent indiscriminate parking in violation Municipalities Act, 1994 and the Motor Vehicles Act, 1988.
c) Issue such other writ or direction which this Hon'ble Court deem fit and proper to grant in the facts and circumstances of the case.” [SIC]
2. The petitioners are either residing or running establishments situated on the St.Albert's College Lane within the limits of the Corporation of Cochin. The petitioners are aggrieved by the indiscriminate parking of two wheelers and other vehicles on both sides of the above road causing obstruction to the passage of vehicles to their residences, offices and business establishments. It is the case of the petitioners that the students of 2nd respondent College used to park vehicles from 7AM to 5PM and the petitioners agitated the issue before the 1st and 3rd respondents. It is the case of the petitioners that the representations submitted by the petitioners left unattended.
Hence, this writ petition.
3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the 1st respondent. I also heard the learned counsel appearing for the 2nd respondent and the learned Government Pleader appearing for the 3rd respondent.
4. The learned counsel for the petitioners reiterated the contentions in the writ petition and submitted about the situation in this area because of the unauthorised parking. The counsel submitted that even after repeated representations, no action is taken by the Police authorities and the Corporation authorities. The Government Pleader takes me through the statement filed by the 3rd respondent. The Government Pleader submitted that sufficient steps are taken by the Police authorities to see that there is no parking in this area. The counsel appearing for the 2nd respondent also submitted that a statement is filed and action is taken to see that there is no parking in the road.
5. This Court considered the contentions of the petitioner and the respondents. It will be better to extract the relevant portion of the statement filed by the 3rd respondent.
3. “It is submitted that the problem of parking of vehicles on the road side is a common issue in Kochi City. This is mainly due to the alarming increase in vehicular density and inadequate road space. As far as St.Albert's Lane is considered the allegation of obstruction for the ingress and egress of petitioners to their residence and office seems to be exaggerated.
4. It is humbly submitted that Police patrolling has been arranged in St. Albert's lane to detect irregular and obstructive parking including two wheeler parking by the students of St. Albert's College. Stringent legal action also being initiated to avert such parking and to ensure free flow of vehicles. The petitioners are free to contact the police authorities through Control Room round the clock if they face any difficulty or blockade in pedestrian or vehicular movement. Moreover a WhatsApp number is being maintained for redressal of Traffic related complaints in Kochi City by the name "TRAFFIC EYE” (mobile number 6238100100). Police patrolling has been deployed by dividing City area in to various Sectors for clearing the traffic in roads and any grievance of a blockade will be cleared at the earliest.
5. It is humbly submitted that a letter for intimation is handed over to the College authority to look in to this aspect and provide enough parking place for their students. Also Police patrolling have been organized in St. Albert's lane to detect indiscriminate a