Municipal authorities hold the responsibility for traffic management, including designation of parking areas to prevent obstruction of commercial premises.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Mandamus, directing the 2nd Respondent to give adequate and effective police protection for carrying out the business in Petitioners' shop rooms, by stopping the illegal parking of the auto rickshaws and others in front of the Petitioners' shop rooms located on the side of the Kunnamkulam-Wadakkancherry road.

ii. Issue a Writ of Mandamus, directing the 2nd Respondent to remove the illegally parked auto rickshaws, till the 5th Respondent constitutes a Traffic Regulatory Committee in accordance with S.72 of the Kerala Police Act .

iii. Issue a Writ of Mandamus, directing the 2nd Respondent to remove the illegally parked auto rickshaws, till the 5th Respondent determines the location of parking place for auto rickshaws.

2. When this writ petition came up for consideration before this Court on 12.02.2020, this Court passed the following order:

“This writ petition is filed challenging illegal parking of auto rickshaws in front of the petitioners' shop rooms. This depicts inaction on the side of the local authority in notifying any area for auto rickshaw parking. Notice by Special Messenger to R6 to R8.

2. As seen from the photographs produced in this writ petition, the entire area in front of the petitioners' shop rooms are occupied by auto rickshaws. If the Municipality comes out with a solution to restrict the number of the auto rickshaws parking in such places, this issue could have been sorted out. The Municipality alone is responsible for this dilemma. The secretary of the Municipality shall state by way of an affidavit in what manner this issue can be resolved. In the meanwhile, the police shall restrict parking of auto rickshaws to ensure free ingress and egress to the petitioners' shop rooms and file a report before this Court by the next posting.”

3. Today, when the matter came up for consideration, the counsel for the petitioners submitted that the Police already taken necessary action based on the interim order. The counsel for respondents 6 to 8 submitted that there is no recognized parking space for the autorickshaws and therefore, necessary direction may be issued to the 5th respondent to take appropriate steps to identify a parking space for the autorikshaws.

In the light of the submission made by the counsel for the petitioners that there is no obstruction to the ingress and egress to the petitioners' shops because of the parking of autorikshaws, this writ petition is closed recording the same. But, the 5th respondent is directed to take necessary steps to identify a parking space for the autorikshaws.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

JV

APPENDIX OF WP(C) 3961/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS EVIDENCING THE MANNER OF PARKING OF AUTO-TAXIS BY MEMBERS OF RESPONDENT 6 TO 8 UNION BEFORE THE SHOP ROOM OF THE PETITIONERS'

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATE

06.11.19 IN W.P.(C)23362 OF 2019 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE 2ND RESPONDENT BY THE PETITIONERS EXHIBIT P5 TRUE COPY OF APPLICATION PREFERRED BY THE REPRESENTATIVES OF CHAMBER OF COMMERCE BEFORE THE 5TH RESPONDENT DATED 05.10.2019 EXHIBIT P6 TRUE COPY OF THE REPLY ISSUED BY THE

5TH RESPONDENT DATED 01.11.2019 RESPONDENT EXHIBITS EXHIBIT R7(A) TRUE COPY OF MINUTE OF MEETING OF 5TH RESPONDENT HELD ON 26.2.2010 EXHIBIT R7(2) TRUE COPY OF PHOTOGRAPH OF SHOWING PARKING OF AUTO RICKSHAWS EXHIBIT R7(3) TRUE COPY OF REPLY GIVEN BY THE 5TH RESPONDENT