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2026 Supreme(Online)(Ker) 20916

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
NAZEER A C – Appellant
Versus
THE SECRETARY, CHERPULASSERY MUNICIPALITY – Respondent
WP(C) NO. 10783 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.JAYARAJ.M, SMT.SILPA SAM
For the Respondents: SMT VIDYA KURIAKOSE, SMT. SHAMEENA SALAHUDEEN

Authority must address complaints regarding obstructive parking to ensure access to properties.

Headnote:The Writ Petition was filed requesting a writ of mandamus for the consideration of an application regarding the unauthorized parking of autorickshaws obstructing access to the petitioner's commercial building. The court directed the Traffic Regulatory Committee to consider the application expediently and ensure that access is not obstructed. The decision included directions for timely hearings and potential resolutions regarding the complaints raised.

Table of Content
1. petitioner’s access obstructed by parking. (Para 1 , 2)
2. arguments presented by both parties. (Para 3)
3. court's direction to consider the application. (Para 4)

JUDGMENT

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

‘’(i) Issue a writ of mandamus or other appropriate writ, direction or order, directing the 2nd respondent, being the Traffic Regulatory committee and other respondents who are the members of the Traffic Regulatory committee, to consider the Exhibit P7 application/petition submitted by the petitioner for removing the unauthorised and illegal parking of autorickshaws in front of the Petitioner’s commercial building, as stated above, and to take appropriate action for removing the above obstruction caused by the unauthorized parking of auto rickshaws in front of the building, thereby ensuring vehicle access/entry of the owners , tenants and customers to the building;

(ii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being;

And (iii) Grant such other reliefs as this Honorable Court may deem fit and proper in the facts and circumstances of the case.’’

2. The grievance of the petitioner is that because of the unauthorized parking of autorickshaws in front of the petitioner’s building, access to the building is obstructed. Though the petitioner submitted Exhibit P7 before the respondents, the same has not been considered.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the respondent Municipality and the learned Government Pleader.

4. After hearing both sides, I am of the view that there can be ad direction to consider Exhibit P7, as expeditiously as possible, after affording an opportunity of hearing to the petitioner and all affected parties.

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

i) The 2nd respondent is directed to consider Exhibit P7 and pass appropriate orders, as expeditiously as possible, at any rate within three months from the date of receipt of a certified copy of this judgment, after giving sufficient opportunity of hearing to the petitioner and all affected parties.

ii) I make it clear that the 2nd respondent shall ensure that the access to the petitioner’s building is not obstructed by autorickshaw drivers by parking their vehicles.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ajt

Judgment reserved NA
Date of Judgment 19.03.2026
Judgment dictated 19.03.2026
Draft judgment placed 19.03.2026
Final Judgment uploaded 21.03.2026
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.2017/2020 DATED 26.8.2020 EXECUTED BY PETITIONER’S FATHER NAMELY ABOOBACKER IN THE NAME OF PETITIONER AND NOUFAL Exhibit P2 TRUE COPY OF THE SETTLEMENT DEED NO.4082/2021 DATED 14.12.2021 EXECUTED IN THE NAME OF RAHEESH Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT NO.KL090407111956/2025 DATED 17.11.2025 ISSUED IN THE NAME OF PETITIONER AND ANOTHER FROM VILLAGE OFFICE CHERPULASSERY Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT DATED

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