JUDGMENT

This writ petition is filed by the petitioner Merchant Association, Muvattupuzha seeking the following reliefs:-

A) Issue a writ of mandamus or any other appropriate order or direction and thereby direct the respondents to take immediate and effective actions to remove the illegal parking of autorickshaws and give necessary directions to the respondents to take action against those who are making illegal parking of autorikshaw in front of shopping complex in such a way affecting the free entry of customers to shop rooms and free passage of the pedestrians.

B) Direct the respondents 1 to 4 not to permit the illegal parking of Autorikshaws in unauthorised places and take effective steps to make use of the authorised taxi stands for such purpuse;

C) Grant such other reliefs which are just and necessary in the interest of justice”.

2. Apparently, petitioner is a registered association of Merchants of Muvattupuzha town, which is affiliated to Kerala Vyapari Vyavasayi Ekopanasamithi. The grievance highlighted by the petitioner is that in spite of several complaints to the concerned authorities, autorikshaws have been illegally parked in front of the shops of the members of the petitioner association in such a way blocking the free ingress and egress to and from the shops, in spite of several autorikshaw stands in the nearby vicinity. Therefore, according to the petitioner, the action of the autorikshaw owners who are made respondents 5 to 8 in the writ petition is illegal, which was liable to be corrected by the official respondents, taking into account the representations made before them. The Muvattupuzha Municipality and the Secretary, viz, first and second respondents have filed a detailed statement virtually admitting the contentions raised by the petitioner in this writ petition. For the sake of brevity, paragraphs 2 and 3 are extracted.

“ It is humbly submitted that a traffic regulatory/advisory committee has been formed under the municipal council headed by the Chairman of the municipality. As per the decision of the traffic regulatory/advisory committee sanction has been granted to 17 autorickshaw stands in the municipal area. In fact the traffic regulatory/advisory committee has never granted any permission to function the auto stand mentioned in the writ petition till date and the same is functioning illegally. Considering the serious issues caused to the vehicle traffic, pedestrians and merchants functioning in the shopping complex this respondent involved directly on several occasions and the same was restricted by an organized force by the persons behind this.

In fact it is the 3rd and 4th respondents are authorities concerned to take effective steps against the illegal functioning of the auto stand and this respondent will give all support to actions taken by the 3rd and 4th respondents, this respondent will also make necessary arrangements to the autos functioning without any permission from the traffic regulatory/advisory committee in the event of eviction of these autos by permitting them to function in the near by auto stand approved by traffic regulatory/advisory committee”.

3. Respondents 5 to 8 have also filed a detailed counter affidavit refuting the allegations and claim and demands raised by the petitioner. The paramount contentions raised by the said respondents are contained in paragraphs 5 to 10 in their statement, which read thus:-

“5. It is submitted that the petitioner is trying to mislead this court stating that Payward shopping complex is situated at Post office Junction, Muvattupuzha. Payward shopping complex is situated at Arakkuzha junction which is 100 meters East from the Post Office Junction. As per Ext.P1 there is approved autorikshaw stand at Aarakkuzha junction, that apart Aarakkuzha junction and Post Office Junction are two distinct junctions. A rough sketch showing the location of the Post office junction, Aarakkuzha junction and the Autorickshaw stand allowed at Aarakkuzha junction and