Court highlights the need for balanced traffic management that respects both business access and public transportation needs.

JUDGMENT

The petitioner is aggrieved with the obstruction caused to the ingress and egress into the petitioner's shop by the autorickshaws parked in front of the shopping complex, that too on the side of the State Highway. The petitioner contends that the autorickshaws cause obstruction to ingress and egress and also to the traffic, resulting in constant traffic jam in front of the shop. The petitioner seeks for shifting of the autorickshaw stand and also removal of obstruction occasioned by the illegal parking.

2. The learned Counsel appearing for the respondent-Panchayat submits that the Traffic Regulatory Committee had decided on such parking after consultation with the Vyapari Vyavasayi Ekopana Samithy, Chamber of Commerce, Autorickshaw Drivers' Union and other stakeholders. It is also submitted by the learned Counsel for the Panchayat that on installing traffic lights at the junction, the autorickshaws were directed to park on the left side of the four roads leading to the junction. This was to facilitate free left turn and to avoid traffic jam due to the autorickshaws taking a “U” turn on the main roads.

3. The learned Counsel appearing for the additional 5th respondent has also produced the minutes of the Traffic Regulatory Committee introducing various measures to avoid traffic block in the area.

4. In the totality of the circumstances as put forward by the Panchayat, this Court is not inclined to agree with the petitioner that the parking is illegal. No obstruction is also caused to the ingress and egress into the petitioner's shop room by the autorickshaws parked in front of the petitioner's shop. The autorickshaws, as seen from the photographs produced, are seen parked without obstructing access of individual consumers to the shopping complex. Any person could walk between the vehicles parked.

5. However, it is to be noticed that the entire frontage of the shopping complex is blocked by the autorickshaws parked in an unbroken line. This necessarily obstructs the parking of vehicles in front of the shopping complex. The area of open space, left in front of the shopping complex, is in accordance with the Kerala Panchayat Raj Act , 1994 so as to avoid parking of vehicles, of customers coming to the shopping complex, on the road side. The open space is insisted inter alia to provide parking of vehicles, coming to the shopping complex. This cannot be fully obstructed by parking of autorickshaws. In such circumstance, it is a fit case where the Panchayat should reconsider the issue after hearing the stakeholders. The 2nd respondent-Panchayat and the 3rd respondent shall jointly convene a meeting and make suggestions to the Regional Transport Authority.

With the above observation, the writ petition would stand closed. No costs.