The court held that unauthorized parking causing obstruction to a business's access is illegal and must be remedied by local authorities.

J U D G M E N T

Dated this the 12th day of December, 2022 The petitioner is a businessman who owns a commercial establishment on the main road of Thalayolaparambu Town. The grievance of the petitioner is that vehicles including autorickshaws and pick up vans are being unauthorisedly parked in front of the petitioner’s establishment, blocking the ingress and egress to the shop.

2. The petitioner filed the writ petition contending that the space in front of the petitioner's shop is not an authorised parking area. The action of the drivers in parking vehicles in front of the shop is illegal and arbitrary. The respondents are compellabe to interfere in the matter and remove the obstructions in front of the petitioner’s shop.

3. Standing Counsel representing the 5th respondent-

Grama Panchayat submitted that taking into consideration all aspects of the case, a separate parking space has been provided for parking autorickshaws in the old Panchayat building compound. Therefore, autorickshaws and four wheelers cannot park in front of the petitioner’s shop obstructing ingress and egress of the petitioner or his customers.

4. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the District Police Chief and the Standing Counsel representing the Panchayat. 5. It is evident from the pleadings and arguments that the space in front of the petitioner’s shop is not an authorised parking area. It is also evident that unauthorised parking of three wheelers and four wheelers in front of the petitioner’s shop is causing obstruction to the ingress and egress of the customers to the petitioner’s shoproom. The petitioner is not able to provide parking for his own vehicle or to the vehicles of his customers due to the unauthorised parking of vehicles.

6. The location in question is not an authorised parking area. Therefore, no taxies or autorickshaws have a right to park in front of the petititoner’s shop, obstructing the ingress and egress to the shop. The Grama Panchayat further submits that separate arrangements have been provided for parking such vehicles in the old Panchayat compound.

In view of the above, the writ petition is disposed of holding that no three wheelers and four wheelers can be parked in front of the petitioner’s shop obstructing ingress and egress to the shop of the petitioner. If the petitioner brings to the notice of the 2nd respondent or the 5th respondent, any illegal or unauthorised parking in front of the petitioner’s shop, the respondents shall take appropriate action thereon in accordance with law.

Sd/-

N. NAGARESH, JUDGE smm APPENDIX OF WP(C) 25831/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 66421811 DATED 16.07.2022 ISSUED IN FAVOUR OF THE PETITIONER BY VADAYAR VILLAGE OFFICE.

Exhibit P2 TRUE PHOTOGRAPH SHOWING UNAUTHORIZED PARKING IN FRONT OF THE SHOP OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPLY/COMMUNICATION NO.H3/10753/2019/K. DATED 01.10.2019 RECEIVED FROM THE STATE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED

27.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED

27.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE JOINT REGIONAL TRANSPORT OFFICER, 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE JOINT REGIONAL TRANSPORT OFFICER DATED

28.06.2022.