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2024 Supreme(Online)(KER) 2204

HIGH COURT OF KERALA
Murali Purushothaman, J
SANTHOSH P.N – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 2053/2021



The Traffic Regulatory Committee has the authority under the Kerala Police Act to regulate traffic and parking in local jurisdictions.

Headnote:

Traffic - Parking Regulations - Kerala Police Act - Section 72

Fact of the Case:

The case involves disputes over parking regulations for autorickshaws and auto taxis in the Gunduparambu Stand, Chellanam Grama Panchayat, clarified through various orders from local authorities.

Finding of the Court:

The court concluded that the Traffic Regulatory Committee for Chellanam Grama Panchayat should address the parking issues, as per the provisions of the Kerala Police Act.

Issues: Whether the Traffic Regulatory Committee should be directed to resolve parking issues for autorickshaws and auto taxis at Gunduparambu Stand.

Ratio Decidendi: The establishment of a Traffic Regulatory Committee under Section 72 of the Kerala Police Act mandates local authorities to regulate traffic and parking issues effectively.

Final Decision: The court directed resolving the parking issues via the Traffic Regulatory Committee within specified timeframes.

JUDGEMENT

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 . of the 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. (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 . 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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