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2026 Supreme(Online)(Ker) 219

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABBAS – Appellant
Versus
DISTRICT POLICE CHIEF (RURAL) – Respondent
WP(C) NO. 27147 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.ANJALI C., SMT.C.B.BHAGYALEKSHMY, SMT.BINI KRISHNA, SMT.SUBHAJA P., SMT.NISHA MATHEW, SHRI.PRAJEESH T.P.
For the Respondents: SHRI.HASHMI V.Z., SHRI.GOUTHAM V.Z., SMT.TINCY MARIA SCARIA, SHRI.ABHILASH N., SHRI.JITHIN S., SHRI.SREEROOP GOVIND, SHRI.ROLDEX R., SHRI.GOKUL P.RAJ, SRI. RIYAL DEVASSY, GP, SRI. C.R. SIVAKUMAR, SC

The court directed the Traffic Regulatory Committee to conclusively address public space concerns raised by the petitioners, ensuring timely resolution.

Headnote:The judgment addresses the petitioners' grievances regarding unauthorized autorickshaw parking in front of a commercial building. The court referred to existing proceedings with the Traffic Regulatory Committee and directed it to expedite the hearing of the petitioners’ concerns within one month. The court articulated the petitioners' need for police protection and an appropriate legal resolution regarding public space obstructions. Consequently, respondents were mandated to act swiftly in addressing the grievance raised by the petitioners, affirming the need for judicial efficacy in matters of public order.

Table of Content
1. addressing grievances regarding unauthorized parking. (Para 1 , 2)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i. Issue a Writ of Mandamus or any other appropriate Writ, direction or order directing Respondents 1 to 5 to immediately remove and relocate the unauthorized autorickshaw stand presently operating on the side/front of Akhila Building, Pangod.

ii. Issue a Writ of Mandamus directing Respondents 1 and 2 to provide adequate police protection to the Petitioners, their businesses, and to the Panchayat officials while carrying out any action to enforce the relocation of the said unauthorized auto stand.

iii. Direct Respondents 1 to 5 to take legal action against the unauthorized occupation and obstruction of public space by the autorickshaw drivers operating under the influence of Respondents 6 to 7.

iv. Pass any other order or direction that this Hon’ble Court may deem fit and proper in the interests of justice.

v Issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case.”

[SIC]

2. The grievance of the petitioners is that there is illegal parking in front of the petitioners commercial building. A perusal of Exts.P3 and P3A would show that the matter is pending before the Traffic Regulatory Committee. If that is the case, I am of the considered opinion that this writ petition need not be retained here, and there can be a direction to the Traffic Regulatory Committee to conclude the proceedings, after giving an opportunity of hearing to the petitioners and other affected parties.

Therefore, this writ petition is disposed of with the following directions:

i) The additional 8th respondent will consider the grievance of the petitioners, after giving sufficient opportunity of hearing to the petitioners and other affected parties, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AJ PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE PHOTOGRAPHS IN FRONT OF THE 1ST PETITIONER’S BUILDING Exhibit P2 A TRUE COPY OF ONE SUCH COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED

13/11/2024 Exhibit P3 A TRUE COPY OF THE NOTICE OF THE MEETING DATED 12/03/2025 Exhibit P3A A TYPED COPY NOTICE OF THE SAID MEETING DATED 12/03/2025 Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED

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