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2023 Supreme(Online)(KER) 5971
HIGH COURT OF KERALA
N. NAGARESH, J
KAMARUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 35279/2022
RAJIT AMAL T.A., SRI.E.C.BINEESH, SRI.BRIJESH MOHAN, SRI.R.RAJPRADEEP, SMT.SREEDEVI S.
The court reaffirmed the primary role of the Traffic Regulatory Committee in managing local parking issues, emphasizing adherence to administrative procedures before seeking judicial recourse.
Headnote:
Parking - Commercial Building - Traffic Regulatory Committee - The court emphasized the necessity of local regulations regarding parking, affirming the authority of the Traffic Regulatory Committee to address unauthorized parking complaints, ultimately directing consideration of the petitioner's concerns.
Fact of the Case:
The petitioner, owner of a commercial building, filed a writ petition against unauthorized parking of autorickshaws in front of his property and sought intervention from the court.
Finding of the Court:
The court found that the petitioner had already submitted a complaint to the Traffic Regulatory Committee, thus directing the Secretary to present the matter in the committee's upcoming meeting for resolution.
Issues: The primary issue was whether the Traffic Regulatory Committee should address the complaint regarding unauthorized parking obstructing the petitioner's commercial property.
Ratio Decidendi: The court concluded that issues of traffic management and unauthorized parking fall within the jurisdiction of the Traffic Regulatory Committee, emphasizing the importance of local remedies before judicial intervention.
Final Decision: The writ petition is disposed of directing the Traffic Regulatory Committee to consider the petitioner's complaint.
J U D G M E N T
Dated this the 6th day of February, 2023 The petitioner, who is the owner of a commercial building, has approached this Court aggrieved by the alleged unauthorised parking of autorickshaws in front of the petitioner's building. The writ petition was admitted on 04.11.2022 and notices were issued to the parties. Service is completed.
2. When this writ petition came up for hearing today, the Standing Counsel for the 6th respondent submitted that the petitioner has preferred Ext.P5 complaint and the said complaint is regarding the alleged unauthorised parking of autorickshaws in front of the petitioner's building. The matter has been placed before the Traffic Regulatory Committee for a decision in the matter.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5. In view of the nature of the relief to be granted in this writ petition, notice to respondents 6 and 7 is dispensed with.
In the circumstances of the case, since the petitioner has preferred Ext.P5 complaint before the 5th respondent-Joint Regional Transport Officer and since the same is to be considered by the Traffic Regulatory Committee, the writ petition is disposed of directing the 6th respondent-Secretary to place the matter before the meeting of the Traffic Regulatory Committee and take a decision thereon in the ensuing Traffic Regulatory Committee meeting.
Sd/- N. NAGARESH JUDGE sss APPENDIX OF WP(C) 35279/2022 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE MANNER OF PARKING OF AUTORICKSHAWS BY MEMBERS OF 8TH RESPONDENT UNION BEFORE THE PETITIONER'S SHOP ROOM.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WPC 32935 / 2019 OF THIS HON'BLE COURT DATED 29.01.2020.
EXHIBIT P3 A TRUE COPY OF THE DECISION OF THE 6TH RESPONDENT DATED 14.02.2020.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED
10.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED
12.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED
10.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.
RESPONDENTS' ANNEXURES ANNEXURE R6(A) A TRUE COPY OF THE MINUTES OF THE TRAFFIC REGULATORY COMMITTEE OF THIS RESPONDENT PANCHAYAT HELD ON
14/02/2020.
ANNEXURE R6(B) A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE PRESIDENT OF THIS RESPONDENT PANCHAYAT HELD ON
14/02/2020.
