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2001 Supreme(Online)(Ker) 964

KERALA HIGH COURT
, J
Charly v. KTDC


Advocates:
For the Appellants/Petitioners: Mr. Jaju Babu
For the Respondents: Mr. B. Gopakumar

1Mr. Jaju Babu, advocate for the petitioners, has raised an issue of general importance in the above Original Petition. It concerns about the restrictions that had been brought about by a public sector Corporation in the matter of parking of vehicles of third parties in its premises. The restriction is brought about by introducing parking fee at notified rates. The submission is that such conduct is illegal and interferes with the rights of citizens.

2The first respondent Kerala Tourism Development Corporation (KTDC) - owns a shopping complex in the Marine Drive of Cochin. The principal occupant of the building is the State Bank of India and it is stated that there are 34 shops functioning in the ground floor of the building. The building and the surrounding area owned by the Corporation, measures about one acre and twenty cents. It is also one of the most busy areas in the city. On three sides of the building there is sufficient space for parking about 50 vehicles at a time.

3The building was constructed some time in 1979 and the petitioners submit that till such time Ext. P3 had been issued there was no parking fee levied from any persons for using the area. The first petitioner is















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