Unauthorized parking obstructing business operations can be addressed through petitions to regulatory authorities for adequate resolutions.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) To issue a writ of mandamus or any other writ or direction directing the 2^nd respondent Tra Regulatory Committee to take effective steps to prevent the illegal parking of the autorickshaws and hand cartels in front of the petitioner’s shop rooms on the side of the road.

(ii) To issue a writ of mandamus or any other writ or direction directing the 6^th respondent Station House Officer to give adequate and effective police protection for carrying out the business in the petitioners’ shop rooms by stopping the illegal parking of the autorickshaws and hand cartels in front of the petitioners’ shop rooms on the side of the road.

(iii) Dispense with the filing of translation of vernacular documents produced in this writ petition.

(iv) And such other reliefs that this Honourable Court may deem fit proper in the circumstances of the case."

[SIC]

2. The 1^st petitioner is the owner of a building, numbered

458 E to 458 I, at Ward No.6 of Thodupuzha Municipality. The 1^st petitioner operates a Salafi Masjid on the first floor of Door No.566.

The 2^nd petitioner is the proprietor of ‘Malabar Village Hotel’, running on the ground floor of Door Nos.561 to 565 of the same building. The grievance of the petitioners is that there is unauthorised parking of autorickshaws and vegetable cartels in front of their building. Because of the same, there is difficulty to the petitioners, is the submission. The petitioners produced Ext.P5 photographs to prove the same. Hence this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioners, the learned Government Pleader and the learned Standing Counsel appearing for the Municipality. Even though notice is issued to the

8^th respondent there is no appearance for the 8^th respondent.

4. The grievance of the petitioners is that there is unauthorised parking in front of the petitioners’ building, which causes inconvenience and hardship to the petitioners. The proper authority to consider the same is the 2^nd respondent. Therefore, I am of the considered opinion that there can be a direction to the petitioners to submit a representation before the 2^nd respondent, and the 2^nd respondent can be directed to consider the grievance of the petitioners within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

1. The petitioners are free to submit a representation before the 2^nd respondent narrating the grievance raised in this Writ petition, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

2. If such a representation is received, the 2^nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the other affected parties, if any, within a period of three months from the date of receipt of the representation.

3. I make it clear that, if there is any unauthorised parking of vehicles in front of the petitioners’ building without any parking space, the same should be removed by the 6^th respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM