IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 1^ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946 WP(C) NO. 25090 OF 2021 PETITIONERS:

1 NITHIN M.KOSHY AGED 34 YEARS S/O.MATHEW KUTTY.K, RESIDING AT MATHEWS VILLA, NEDUMBAIKULAM, KUNDARA, KOLLAM-691501.

2 PHILIP KOSHY, S/O G.KOSHY, PHESIN BHAVAN, NEDUMBAIKULAM, KUNDARA, KOLLAM-691501.

3 ANIL KOSHY, S/O.G.KOSHY, ANIL SADANAM, NEDUMBAIKULAM, KUNDARA, KOLLAM-691501.

BY ADVS.

RAVI KRISHNAN K.VINAYA RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY,KOLLAM, REPRESENTED BY IT'S SECRETARY, RTO, KOLLAM-691001.

2 STATION HOUSE OFFICER, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM-691505.

3 EZHUKONE GRAMA PANCHAYAT, EZHUKONE, KOLLAM, REPRESENTED BY ITS SECRETARY-

691505.

4 THE SECRETARY, EZHUKONE PANCHAYAT, EZHUKONE, KOLLAM-691505.

5 SREEKUMAR, SUNIL BHAVANOM, PUTHUSSERIKONAM.P.O, KOLLAM DISTRICT-691515.

6 SUBASH, VAZHOTTUVEEDU, THRIPILAZHIKOM, KAREEPRA, KOLLAM DISTRICT-691515.

BY ADVS.

ADVOCATE GENERAL OFFICE KERALA P.SAJEEV BABU SYAM J SAM PRATHEESH.P SRI.E.G, GORDEN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2024, ALONG WITH WP(C).23609/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 1^ST DAY OF OCTOBER 2024 / 9TH ASWINA, 1946 WP(C) NO. 23609 OF 2021 PETITIONER:

MATHEW KUTTY K.

AGED 59 YEARS S/O.G.KOSHY, RESIDING AT MATHEWS VILLA, NEDUMBAIKULAM, KUNDARA, KOLLAM - 691 501.

BY ADVS.

RAVI KRISHNAN K.VINAYA RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY KOLLAM REPRESENTED BY ITS SECRETARY, RTO, KOLLAM - 691 501.

2 STATION HOUSE OFFICER EZHUKONE POLICE STATION, EZHUKONE, KOLLAM - 691

505.

3 EZHUKONE GRAMA PANCHAYAT EZHUKONE, KOLLAM, REP. BY ITS SECRETARY - 691

505.

4 SECRETARY EZHUKONE PANCHAYAT, EZHUKONE, KOLLAM - 691 505.

5 SREEKUMAR SUNIL BHAVANOM, PUTHUSSERIKONAM P.O., KOLLAM DISTRICT - 691 515.

6 SUBASH VAZHOTTUVEEDU, THRIPILAZHIKOM, KAREEPRA, KOLLAM DISTRICT - 691 515.

BY ADVS.

ADVOCATE GENERAL OFFICE KERALA P.SAJEEV BABU SYAM J SAM SRI.E.G, GORDEN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2024, ALONG WITH WP(C).25090/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.BABU.,J - - - - - - - - - - - - - - - - - - - - -

W.P.(C) Nos.23609 and 25090 of 2021 - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 01st day of October, 2024

JUDGMENT

The prayers in these writ petitions are common and read as follows:-

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 to 4 respondents to forthwith to remove the unauthorised parking of autorickshaw in front of the shop of the petitioner.

(ii) Declare that the 5^th & 6^th respondents and other who are parking their autorickshaw in front of the shop of the petitioner are legally not permitted to do the same and hence liable to remove the same forthwith.

(iii) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The learned Government Pleader, upon instructions from the competent authority after ascertaining the present position, submitted that there is no unauthorised parking as alleged. The said submission is recorded.

Therefore, these writ petitions are closed with liberty to the petitioners to approach this Court again, if they are so advised.

Sd/-

K.BABU JUDGE bng APPENDIX OF WP(C) 23609/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPIES OF THE PHOTOGRAPH SHOWING THE UNAUTHORIZED PARKING IN FRONT OF PETITIONER'S BUILDING.

APPENDIX OF WP(C) 25090/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER IN W.P(C)NO.23609/2021 DATED 8.11.2021.

EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE AUTORICKSHAW ARE PARKING IN FRONT OF PETITIONER'S SHOP.