Court mandated enforcement of Traffic Regulatory Committee’s decision for removal of unauthorized autorickshaw stand and protection of petitioners' safety.

JUDGMENT

The above writ petition is filed with following prayers :

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 petitioners approached this Court seeking judicial intervention because of the alleged failure of the official respondents to prevent and remove unauthorised and unlawful autorickshaw parking stand established directly in front of the commercial premises of the petitioners. According to the petitioner, the Traffic Regulatory Committee took a decision as evident by Ext.P5. The same is not implemented. Moreover, there is threat to the life of the petitioners also from the 6^th and

7^th respondents. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned counsel appearing for respondent Nos. 6 and 7.

Heard the Standing Counsel appearing for the Panchayat also.

4. Admittedly, there is a decision taken by the Traffic Regulatory Committee as evident by Ext.P5. Therefore, it is the duty of the Panchayat to do the needful as ordered in Ext.P5. There can be a direction to the Panchayat to do the follow up action in Ext.P5 immediately. The petitioners apprehend danger to their life from respondent Nos. 6 and 7. The counsel appearing for the respondents 6 and 7 submitted that there is no such threat to the life of the petitioners from their side. If there is any such threat, the petitioners can approach the jurisdictional Station House Officer with appropriate petition and in such an event, the Station House Officer will do the needful to afford protection to the life of the petitioners.

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

1) The respondent Nos.2, 3 and 8 will take necessary steps to implement Ext.P5, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.

2) If there is any threat to the life of the petitioners, the petitioners can file appropriate complaint before the 2^nd respondent and if such a complaint is received, the 2^nd respondent will afford protection to the life of the petitioners from respondent No.7 and their men.

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