Traffic Regulatory Committee to manage parking issues under Kerala Police Act.

1. Since common issues arise for consideration in these writ petitions, they are disposed of by this common judgment.

2. W.P.(c) No. 7453 of 2021.
The petitioners are doing business in the buildings on the side of Poovar - Neyyattinkara Highway, near Olathani junction. They are aggrieved by the parking of autorickshaws on the side of Poovar - Neyyattinkara road at Olathani junction causing traffic congestion. According to the petitioners, due to the parking of autorickshaws in front of their buildings, the ingress and egress to the shop rooms is obstructed and this has adversely affected their business. The petitioners also point out that on the issue of parking of autorickshaws, there always occur altercations between the drivers and the shop owners resulting in law and order situation. Accordingly, the petitioners have sought for a direction to respondents to take appropriate action to avert the unauthorised parking of autorickshaws on the side of the Poovar - Neyyattinkara road at Olathani Junction.

3.W.P.(c) No. 38191 of 2022.
This writ petition is filed by three residents residing on either side of the Poovar - Neyyattinkara Road near Olathani junction. They have approached this Court aggrieved by the unauthorised parking of autorickshaws by respondents 8 to 26 at Olathani Junction. According to them, autorickshaws are parked on the side of Poovar - Neyyattinkara Road near Olathani junction without leaving sufficient space for the pedestrians to walk safely and in total disregard to the provisions contained under R.6 of the Kerala Panchayat Raj (Landing Places halting places, Cart stands and other vehicle stand) Rules, 1995. The petitioners, therefore, pray for a direction to respondents 1 to 6 to initiate immediate action against respondents 8 to 26 for the unauthorised parking of autorickshaws on the side of Poovar - Neyyattinkara Highway at Olathani Junction and for other allied reliefs.

4. - (5) Heard Sri. T. Rajasekharan Nair, the learned counsel for the petitioners in W.P.(c) No. 38191/2022 and Sri. T.A.Unnikrishnan, the learned counsel for the petitioners in W.P.(c) No.7453 of 2021 and Sri. G.Sudhir, the learned counsel for respondents 8 to 26 in W.P.(c) No.38191 of 2022 (except respondents 14 and 17), Sri. R.T.Pradeep, the learned Standing Counsel for Neyyattinkara Municipality and Smt. Soorya Binoy, the learned senior Government Pleader for the official respondents.

5. - (6). The Division Bench of this Court in Noushad M. v. State of Kerala (2019 (2) KHC 562) has directed constitution of Traffic Regulatory Committee in every Local Self Government Institutions in terms of S.72 of the Kerala Police Act .

6. - (7). S.72 of the Kerala Police Act provide for constitution of a Traffic Regulatory Committee in all local authorities for regulating the manner and time of traffic of all kinds in public places, which includes power to demarcate autorickshaw / auto Taxi Stands also. S.72(3) provides that the Committee shall issue orders not inconsistent with the provisions of the Motor Vehicles Act, 1988, the Kerala Road Safety Act, 2007 and the Rules made thereunder for preventing danger, obstruction and inconvenience caused to general public in respect of traffic and any matters provided under sub-S.3(a) to (3)(g) of S.72. The Kerala Police R.2000 provide that the Traffic Regulatory Committee shall have the powers to annihilate or avoid traffic incidents obstructing or causing injuries to the general public and such instructions shall be complied with by all the Government departments and the general public.

7. - (9). Since a Traffic Regulatory Committee has been con