ANIL P.K vs THE TRAFFIC REGULATORY COMMITTEE CONSTITUTED UNDER KERALA POLICE ACT

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2021 Supreme(Online)(KER) 774

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 10TH DAY OF MARCH 2021/19TH PHALGUNA, 1942 WP(C).No.33405 OF 2019(A)
PETITIONER:
GOPALAN, AGED 71 YEARS, S/O VELAYUDHAN, VATHATT HOUSE, KONATHUKUNNU, THRISSUR DIST., KL 45 L 2194.
BY ADVS.
SRI.V.M.KRISHNAKUMAR SMT.MAYA M.
RESPONDENTS:
1 VELLANGALLUR GRAMAPANCHAYATH, REPRESENTED BY ITS SECRETARY, KONATHUKUNNU P.O., THRISSUR DISTRICT, PIN- 680 682.
2 CHAIRMAN, TRAFFIC REGULATORY COMMITTEE CONSTITUTED UNDER KERALA POLICE ACT, REP BY ITS CHAIRMAN, VELLANGALLUR PANCHAYATH, KONATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 682.
3 CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, CONVENOR, TRAFFIC REGULATORY COMMITTEE, VELLANGALLUR, THRISSUR DISTRICT, PIN-680 682.
R1 BY ADV. SRI.T.B.HOOD R1 BY ADV. SMT.M.ISHA R1 BY ADV. SRI.AMAL KASHA R2-3 BY GOVERNMENT PLEADER SMT. K.M.RASHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2021, ALONG WITH WP(C).33935/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 10TH DAY OF MARCH 2021/19TH PHALGUNA, 1942 WP(C).No.33935 OF 2019(N)
PETITIONERS:
1 ANIL P.K, AGED 49 YEARS, S/O KUNJAPPU, PANDARAPARAMBIL HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
2 RAJU, AGED 49 YEARS, S/O RAMAKRISHNAN, KALLUMPALAM HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
3 SAMBASIVAN, AGED 54 YEARS, S/O BHAGAVATHEEYAN, MANACHERRY HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
4 JOYTHISH, AGED 42 YEARS S/O KRISHNANKUTTY, VATHYAT HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
5 SATHEESHAN, AGED 55 YEARS, S/O BALAN, THERKAYIL HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
6 RANGANATHAN V.S, AGED 51 YEARS S/O SHANKARAN, VATHYAT HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
7 SHEHAB K.J, AGED 37 YEARS, S/O JAMAL, KOTHUVIL HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
8 PRAKASHAN, AGED 54 YEARS, S/O VELAYUDHAN, MURUKKUMTHATA HOUSE, KONNIKULANGARA P.O., THRISSUR DISTRICT, PIN-680 682
9 SHASAKAN, AGED 55 YEARS, S/O KUMARAN, ATTASSERY HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
10 ASHIQE, AGED 46 YEARS, S/O MUHAMMAD, THARUPEEDIKAYIL HOUSE, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 123.
BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS:
1 THE TRAFFIC REGULATORY COMMITTEE CONSTITUTED UNDER KERALA POLICE ACT, REPRESENTED BY ITS CHAIRMAN, VELLANGALLUR PANCHAYATH, KONNATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 682
2 THE VILLAGE OFFICER, THEKKUMKARA, KONATHUKUNNU P.O., THRISSUR DISTRICT, PIN-680 682.
3 THE ASSISTANT MOTOR VEHICLE INSPECTOR, SUB ROAD TRANSPORT AUTHORITY, IRINJALAKUDA, CIVIL STATION, IRINJALAKUDA, THRISSUR DISTRICT, PIN-680 121
4 THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT, THE CONVENER, TRAFFIC REGULATORY COMMITTEE, VELLANGALLUR, THRISSUR DISTRICT, PIN-680 682
5 SURESH BABU.M, AGED 42 YEARS, S/O PRABHAKARA MENON, PERUMBILLY HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
6 GOPALAN, AGED 68 YEARS, S/O VELAYUDHAN, VATHATT HOUSE, KOTTNELLUR, THRISSUR DISTRICT, PIN-680 662.
7 ANOOP, (AGE AND FATHER'S NAME NOT KNOWN), MADAVANKATTIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
8 ABDULKHADER, (AGE AND FATHER'S NAME NOT KNOWN)
MADAVANKATTIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
9 SUDEV.N, (AGE AND FATHER'S NAME NOT KNOWN)
NANATT HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
10 NIJU E.C, (AGE AND FATHERS NAME NOT KNOWN), ELLATHUPARAMBIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
11 SHAMSU C.K, (AGE AND FATHER'S NAME NOT KNOWN), CHENIKKAPURATHU HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
12 THOUFEEQ RAHMAN K.S, (AGE AND FATHERS NAME NOT KNOWN) KOCHIKKARAN HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
13 SUKUMARAN A.M, (AGE AND FATHER'S NAME NOT KNOWN)
AKKANVEETIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
14 MANAF.P.E, (AGE AND FATHER'S NAME NOT KNOWN)
PUTHANVEETTIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
15 SALIM T.K, (AGE AND FATHER'S NAME NOT KNOWN)
THARUPEDIKAYIL HOUSE, KONATHUKUNNU, THRISSUR DISTRICT, PIN-680 123.
R1 BY ADV. SRI.T.B.HOOD R1 BY ADV. SMT.M.ISHA R1 BY ADV. SRI.AMAL KASHA R6-14 BY ADV. SRI.V.M.KRISHNAKUMAR GOVERNMENT PLEADER SMT. K.M.RASHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2021, ALONG WITH WP(C).33405/2019(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[CR]
N. NAGARESH, J.
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W.P.(C) Nos.33405 and 33935 of 2019 `````````````````````````````````````````````````````````````
Dated this the 10th day of March, 2021

Advocates:
['RAJESH CHAKYAT', 'SRI T B HOOD', '', 'SMT M ISHA', 'SRI AMAL KASHA', 'SRI V M KRISHNAKUMAR']

J U D G M E N T

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The petitioner in W.P.(C) No.33405/2009 is an auto-taxi owner/driver. In the writ petition, the petitioner seeks to command the respondents to ensure that Ext.P5 decision of the Traffic Regulatory Committee is implemented providing parking space to auto taxies in the place determined in Ext.P5 decision. The petitioners in W.P.(C) No.33935/2019 are autorickshaw drivers/owners. They seek to quash Ext.P5 and to declare that the Traffic Regulatory Committee as per Section 72 of the Kerala Police Act is not empowered to fix parking area such as auto stand, bus stand and other public/private parking places.

2. The dispute is between drivers/owners of

4-wheeler auto taxies and the drivers/owners of 3-wheeler autorickshaws, and relates to allocation of parking place for auto taxies.

3. Konathukunnu on Thrissur-Kodungallur State Highway is a main junction in the Vellangallur Panchayat. It is stated that about 140 autorickshaws and 13 auto taxies are operating from Konathukunnu junction. The Panchayat does not own any parking lots of its own. Autorickshaws have been parking on the western side of the State Highway.

4. Disputes arose regarding parking of auto taxies.

The Panchayat convened a meeting in November, 2017 and allowed parking of auto taxies on the northern side of Konathukunnu junction, opposite to Thrissur bus stop.

5. The Traffic Regulatory Committee would state that owners of auto taxies preferred a representation before the Chairman of the Committee seeking parking facility on the eastern side of the Kodungallur-Thrissur road in an area where tempo vans were earlier parked. Auto taxi owners filed W.P.(C) No.9551/2019 and this Court directed the Traffic Regulatory Committee to take appropriate decision on their representation.

6. Ext.P1 minutes of a subsequent meeting convened by the President of Vengallur Panchayat on 27.03.2018 would show that 3 auto taxies were permitted to be parked in front of the Church on Vengallur-Mathilakam route and in addition, 3 auto taxies were permitted to be parked in front of the house of one Aravindan. The said meeting was convened by the President and the participants in the meeting included members of Panchayat and drivers/owners of auto taxies and autorickshaws.

7. Pursuant to the directions contained in W.P.(C)

No.9551/2019, the Traffic Regulatory Committee convened a meeting on 02.11.2019 in which some of the drivers/owners of the vehicles participated. The Inspector of Police and Assistant Motor Vehicle Inspector inspected the tempo parking space on the southern side of Konathukunnu junction. They reported that the number of tempo vans being parked in that parking space is minimal. Accordingly, the meeting of the Traffic Regulatory Committee held on 02.11.2019 decided to propose tempo van parking space at Konathukunnu junction as the parking area for auto taxies also. Ext.P5 would also show that it is a proposal made by the Traffic Regulatory Committee.

8. The petitioner in W.P.(C) No.33405/2019 would contend that Traffic Regulatory Committee is constituted under Section 72 of the Kerala Police Act to provide and regulate the traffic in public road within the areas of Local Self Government Institutions. Therefore, Ext.P5 decision taken by the Committee is liable to be implemented providing parking space to auto taxies in the place determined in Ext.P5 decision. Ext.P5 has not been implemented so far, contended the petitioner.

9. The petitioners in W.P.(C) No.33935/2019, on the other hand, would contend that the Traffic Regulatory Committee does not possess powers to make any recommendation as contained in Ext.P5. Ext.P5 is therefore ultra vires and therefore is liable to be quashed.

10. The issue arising in these writ petitions therefore is whether the Traffic Regulatory Committee constituted under Section 72 of the Kerala Police Act, 2011 has the power to decide the locations of three wheeler and four wheeler taxi stands. The powers of Local Self Government In

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