Court upheld the enforcement of authorized parking regulations to prevent obstruction of property access.

JUDGMENT

Petitioner has approached this Court aggrieved by the unauthorised parking of autorickshaws in front of his property and seeking a direction to the respondents to take steps to remove the same. 2. When the matter came up for consideration on

25.08.2022, this Court has passed an interim order directing respondents 2 and 3 to ensure that no autorickshaws are parked in front of the petitioner’s residential house obstructing the vicinity towards the road.

3. In the counter affidavit by respondents 2 to 4, especially in paragraph 4, it is stated that the said respondents have not allowed any autorickshaw parking area in front of the petitioner’s property and also that the said area is a busy commercial area. In the counter affidavit filed by the 10^th respondent, their contention is that they are not parking autorickshaws obstructing to the entry of vehicles to the property of the petitioner. Learned counsel appearing for the 10^th respondent would further submit that they have no intention to park any autorickshaws in front of the property of the petitioner obstructing his ingress and egress and vicinity towards the public road. The said submission is recorded.

4. Admittedly, this is not an area earmarked for parking of autorickshaws and the petitioner relying on the judgments in Gopalan and others v. Vellangallur Gramapanchayat, Thrissur and others , 2021 (2) KHC 367, P.T.Abdurahman v. The Tribunal and others , 2006 KHC 688 and Chandran C.E. v. District Collector, Kozhikode and others , 2013 (3) KHC 53 submits that that parking shall be permitted only in authorised parking areas.

After hearing the learned counsel for the petitioner and the learned counsel appearing for the respective respondents, I am of the view that interest of the petitioner could be protected by making the interim order dated 25.08.2022 absolute with a consequential direction to the 3^rd respondent and additional 12^th respondent to see that the interim order is strictly complied with and if the petitioner has any complaint regarding the violation of the same, petitioner will be free to make necessary request in this regard before the 3^rd respondent and additional 12^th respondent, who shall take stringent appropriate action without any delay.

With the abovesaid observations, writ petition is disposed of.

Sd/-