IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 WP(C) NO. 6616 OF 2015 PETITIONER:

MERCHANT ASSOCIATION AGED 62 YEARS REGISTERED NO. ER 50/64, VYAPARA BHAVAN, MARKET P.O., MUVATTUPUZHA - 686 673, REPRESENTED BY ITS SECRETARY, GEORGE THOTTATHIL BY ADVS.

SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS:

1 MUVATTUPUZHA MUNCIPALITYQ REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA.

2 THE SECRETARY MUVATTUPUZHA MUNICIPALITY, MUVATTUPUZHA.

3 DEPUTY SUPERINTENDENT OF POLICE MUVATTUPUZHA.

4 . R E G I O NAL TRANSPORT OFFICER MUVATTUPUZHA A*555 ADDL.R5 BABY.K.A, AGED 48 YEARS, S/O.AUGUSTINE, KANNAKKANNATHIL HOUSE, RANDAAR P.O, MUVATTUPUZHA.

ADDL.R6 SUNIL BHASKARAN, AGED 36 YEARS, S/O.

BHASKBHASKARAN,KUDILIL HOUSE, THOTTUNKAPEEDIKA, MUVATMUVATTUPUZHA.

ADDL.R7 C.K.ISMAIL, S/O.AHMED KASIM, AGED 31 YEARS, SASTHSASTHAMKUNNIL, PERUMALLOOR P.O, MUVATTUPUZHA.

ADDL.R8 JOY C.E, AGED 48 YEARS, S/O.ITHAPPIRI, CHANDCHANDANAPARAMBIL, PERINGAZHA P.O, MUVATTUPUZHA.

ADDITIONAL R5 TO R8 IMPLEADED AS PER ORDER DATED

05.06.2015 IN I.A.7024 OF 2015.

BY ADVS.

SRI.V.M.KURIAN, SC, MUVATTUPUZHA MUNICIPALITY SHRI.L.RAM MOHAN, SC, MUVATTUPUZHA MUNICIPALITY SRI.S.ASHOK KUMAR.

SRI.GEO PAUL SRI.JERRY VARGHESE SRI.C.R.PRAMOD SRI.RADHIKA RAJASEKHARAN P.

SRI.SANU MATHEW R1 AND 2 - SRI.L.RAM MOHAN,SC R3 AND 4 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SHAJI P.CHALY, J.

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WP(C)No.6616 of 2015 ===========================

Dated this the 10^th day of September, 2021

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 fun