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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA,
1946
WP(C) NO. 2053 OF 2021
PETITIONERS:
1
SANTHOSH P.N
AGED 41 YEARS
S/O. NICLAVOSE, PALLIPARAMBIL, NORTH
CHELLANAM P.O. KOCHI 682 008.
2
RAJAN.K.V.,
AGED 49 YEARS
S/O.K.T. VALATHA, KALATHIL HOUSE, NORTH
CHELLANAM P.O. KOCHI 682 008.
BY ADVS.
C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SHRI.BABU M.
SMT.ANCY THANKACHAN
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
SMT.NIKHITA ANN REBELLO
RESPONDENTS:
1
THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM
DISTRICT 682 030.
2
THE REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KAKKANAD, ERNAKULAM
DISTRICT 682 030.
3
THE REGIONAL TRANSPORT OFFICER,
MOTORS VEHICLE DEPARTMENT, OFFICE OF THE
RTO, COLLECTORATE, KAKKANAD, ERNAKULAM
RESTRICT 682 030.
4
THE JOINT REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, MATTANCHERRY,
ERNAKULAM 682 002.
5
THE SUB INSPECTOR OF POLICE,
KANNAMALI POLICE STATION, KANNAMLI,
ERNAKULAM DISTRICT 682002.
2024:KER:29825
WPC Nos.2053/2021 & 3216/2020
2
6
THE CHELLANAM GRAMA PANCHAYATH
CHELLANAM P.O. ERNAKULAM DISTRICT 682
008, REPRESENTED BY ITS SECRETARY.
7
THE SECRETARY,
CHELLANAM GRAMA PANCHAYATH, CHELLANAM,
P.O. ERNAKULAM DISTRICT 682 008.
8
AUTO TAXI DRIVERS UNION (BMS),
REPRESENTED BY ITS SECRETARY MR. SURESH
K.K. CHELLANAM PANCHAYATH, CHELLANAM
P.O. ERNAKULAM DISTRICT 682 008.
9
YATHEENDRADAS M.G,
MANGATTU PARAMBIL HOUSE, SOUTH
CHELLANAM P.O. KOCHI 682 008.
10
MARTIN V.J.,
VAZHAKKOOTATHIL HOUSE, SOUTH CHELLANAM
P.O. ERNAKULAM DISTRICT 682 008.
11
SURESH,
S/O. KUNJAPPAN, KARAPADATH HOUSE,
MARUVAKADU, CHELLANAM, P.O. KOCHI 682
008.
*Addl.R12 THE TRAFFIC REGULATORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN
(THE PRESIDENT, CHELLANAM GRAMA
PANCHAYAT, CHELLANAM P.O., PIN- 682008 )IS
SUO MOTU IMPLEADED AS ADDITIONAL 12TH
RESPONDENT.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.ANOOP.V.NAIR
SRI.EBIN MATHEW
SRI.P.ROHIT PREMANANDAN SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION
ON
09.04.2024,
ALONG
WITH
WP(C).3216/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:29825
WPC Nos.2053/2021 & 3216/2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA,
1946
WP(C) NO. 3216 OF 2020
PETITIONERS:
1
SURESH
AGED 38 YEARS
S/O. KUNJAPPAN, RESIDING AT KARAPADATH
HOUSE, MARUVAKADU, CHELLANAM P.O.,KOCHI-
682 008 (VEHICLE NO KL-43F-4987)
2
MARTIN.V.J.,
RESIDING AT VAZHAKKOOTATHIL HOUSE, SOUTH
CHELLANAM, CHELLANAM P.O., KOCHI-682 008
(VEHICLE NO KL-43F-3414)
3
SHYJU,
AGED 33 YEARS
S/O. RAJU, RESIDING AT VILAKKANATTU HOUSE,
CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO
KL-43F-871)
4
ANTONY SEBIN,
RESIDING AT VALIYAVEETTIL HOUSE,
CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO
KL-43F-2005)
5
SAJEESH.V.R.,
VILAKKANATTU HOUSE, COMPANYPADY,
CHELLANAM P.O.,KOCHI-682 008 (VEHICLE NO
KL-41G-3186)
6
GEORGE ANTONY,
RESIDING AT KALLANGARA HOUSE, GONDU
PARAMBU, CHELLANAM P.O.,KOCHI-682 008
(VEHICLE NO KL-73A-8427)
7
JOSE MON,
RESIDING AT THEKKAE ALUNGAL HOUSE,
CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO
KL-43F-2749)
2024:KER:29825
WPC Nos.2053/2021 & 3216/2020
4
8
ANTONY VINISH,
RESIDING AT KUTTAPPASSERIL , GONDUPARAMB,
CHELLANAM P.O., KOCHI-682 008 (VEHICLE NO
KL-40K-6846)
9
JOSEPH.K.A.,
RESIDING AT KUTTAPPSSERI HOUSE, GONDU
PARAMBU,CHELLANAM P.O., KOCHI-682 008
(VEHICLE NO KL-43J-1208)
BY ADVS.
ANOOP.V.NAIR
SHRI.NIKITHA ANTONY
RESPONDENTS:
1
THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MOTOR VEHICLES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPUAM-695 001
2
THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM DISTRICT-682 030, REPRESENTED
BY IS SECRETARY
3
THE DISTRICT COLLECTOR,
COLLECTORATE, KAKKANAD, ERNAKULAM
DISTRICT-682 030
4
THE REGIONAL TRANSPORT OFFICER,
MOTORS VEHICLE DEPARTMENT, OFFICE OF THE
RTO, COLLECTORATE, KAKKANAD, ERNAKULAM
DISTRICT-682 030
5
THE JOINT REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
MATTANCHERRY, ERNAKULAM-682 002
6
THE SUB INSPECTOR OF POLICE
KANNAMALI POLICE STATION, KANNAMALI,
ERNAKULAM DISTRICT-682 002
7
THE CHELLANAM GRAMA PANCHAYAT
CHELLANAM P.O., ERNAKULAM DISTRICT-682
008, REPRESENTED BY ITS SECRETARY
8
THE SECRETARY,
CHELLANAM GRAMA PANCHAYAT, CHELLANAM
P.O., ERNAKULAM DISTRICT-682 008
9
ADDL.R9.SANTHOSH P.N.,
2024:KER:29825
WPC Nos.2053/2021 & 3216/2020
5
AGED 41 YEARS, S/O.NICLAVOSE,
PALLIPARAMBIL, NORTH CHELLANAM.P.O.,
KOCHI-682008.
10
ADDL.R10.RAJAN.K.V.,
AGED 49 YEARS, S/O.K.T.VALATHA, KALATHIL
HOUSE, NORTH CHELLANAM.P.O., KOHCI-
682008. (ADDL.R9 AND 10 ARE IMPLEADED AS
PER ORDER DATED 25.02.2020 IN IA.1/2020).
*Addl.R11 THE TRAFFIC REGULATORY COMMITTEE,
REPRESENTED BY ITS CHAIRMAN
(THE PRESIDENT, CHELLANAM GRAMA
PANCHAYAT, CHELLANAM P.O., PIN- 682008 )IS
SUO MOTU IMPLEADED AS ADDITIONAL 11TH
RESPONDENT.
BY ADVS.
SRI.T.K.DEVARAJAN
SRI.DINESH R.SHENOY
C.S.AJITH PRAKASH
SRI.EBIN MATHEW
SMT.T.N.SREEKALA
SRI.P.ROHIT PREMANANDAN SHENOY
SRI.PAUL C THOMAS
SRI.G.HARIKRISHNAN (TRIPUNITHURA)
SRI.FRANKLIN ARACKAL
SRI.M.B.SOORI
SHRI.BABU M.
SMT.ANCY THANKACHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION
ON
09.04.2024,
ALONG
WITH
WP(C).2053/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:29825
WPC Nos.2053/2021 & 3216/2020
6
The issues raised in both the writ petitions pertain to the parking of autorickshaws and auto taxis at the Gunduparambu Stand in Chellanam Grama Panchayat.
The counsel on both sides refer to various orders issued by the Panchayat as well as by the Regional Transport Officer regarding the parking of autorickshaws.
2. On going through the pleadings and hearing counsel on both sides, I am of the view that the entire issues in these writ petitions can be resolved if the Traffic Regulatory Committee constituted for the Chellanam Grama Panchayat is directed to address the issues regarding the parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat.
The Traffic Regulatory Committee constituted for the Chellanam Grama Panchayat, represented by its Chairman, President, Chellanam Grama Panchayat, Chellanam P.O, 682008 is suo motu impleaded as additional respondent in both writ petitions.
3. The Division Bench of this Court in Noushad M. v. State of Kerala (2019 (2) KHC 562) has directed constitution of Traffic Regulatory Committee in every Local Self Government Institutions in terms of Section 72 of the Kerala Police Act. 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. Section 72(3) provides that the Committee shall issue orders not inconsistent with the provisions of the Motor Vehicles Act, 1988, the Kerala Road Safety Act, 2007 and the Rules made thereunder for preventing danger, obstruction and inconvenience caused to general public in respect of traffic and any matters provided under sub-sections 3(a) to 3 (g) of Section 72. The Kerala Police Rules, 2000 provides 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. The President of the Grama Panchayath is the Chairman of the Traffic Regulatory Committee, Chellanam Grama Panchayat is the 6th respondent in W.P.(c) No.2053/2021 and the 7th respondent in W.P (c) No. 3216/2020. Accordingly, there will be a direction to the President of the Chellanam Grama Panchayat to place the issue regarding the parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat before the Traffic Regulatory Committee constituted for the Panchayat within a period of two weeks from the date of receipt of a copy of this judgment. The Traffic Regulatory Committee shall consider the issue after hearing the petitioners in both writ petitions and all stakeholders whom the Committee deems fit to be heard and take a decision within a period of two months from the date on which the issue/judgment is placed before the Traffic Regulatory Committee by its Chairman. It will be open to the petitioners to make necessary representations before the Traffic Regulatory Committee. The decision of the Traffic Regulatory Committee will supersede all the orders of other statutory authorities in the matter of parking of autorickshaws and auto taxis in the Gunduparambu area of Chellanam Grama Panchayat.
With these directions, these writ petition are disposed of.
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