IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 3^RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947 WP(C) NO. 35090 OF 2024 PETITIONER/S:

P.GOKULAN, AGED 58 YEARS S/O SANKUNNY, GOKULAM BUILDINGS, NEAR SBI, PUNNACKAL, ELAMAKKARA P.O, ERNAKULAM DISTRICT,, PIN - 682026 BY ADV SRI.T.K.AJITHKUMAR (VALATH)

RESPONDENT/S:

1 KOCHI MUNICIPAL CORPORATION, ERNAKULAM, PIN,682 011, REPRESENTED BY ITS SECRETARY, KOCHI MUNICIPAL CORPORATION OFFICE, RNAKULAM, 2 THE SECRETARY, KOCHI MUNICIPAL CORPORATION, KOCHI MUNICIPAL CORPORATION OFFICE, ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682011

3 REGIONAL TRANSPORT AUTHORITY ERNAKULAM, REPRESENTED BY ITS SECRETARY, OFFICE O THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD P.O, ERNAKULAM DISTRICT,, PIN - 682030

4 THE STATION HOUSE OFFICER, ELAMAKKARA POLICE STATION, ELAMAKKARA,ELAMAKKARA P.O, ERNAKULAM DISTRICT, PIN - 682026

5 NOUSHAD AHAMED, AGED 52 YEARS FATHIMA MANZIL, PRA-18, PANAYIDA ROAD, NEAR SBI, PUNNAKKAL, PERANDOOR ROAD, ELAMAKKARA P.O, ERNAKULAM DISTRICT,, PIN - 682026

6 SARINGEETH, AGED 48 YEARS MUTHOTTIL HOUSE, PRA-20, PANAYIDA ROAD, NEAR SBI, PUNNAKKAL, PERANDOOR ROAD, ELAMAKKARA P.O, ERNAKULAM DISTRICT,, PIN - 682026

7 THE EXECUTIVE ENGINEER(ROADS), PUBLIC WORKS DEPARTMENT, NEAR NGO QUARTERS, KAKKANAD P.O, ERNAKULAM DISTRICT, PIN - 682030 *8 THE TRAFFIC REGULATORY COMMITTEE REPRESENTED BY ITS CHAIRMAN, KOCHI MUNICIPAL CORPORATION, ERNAKULAM, KOCHI, ERNAKULAM DISTRICT IS IMPLEADED AS ADDITIONAL 8TH RESPONDENT IN THE WRIT PETITION AS PER ORDER DT.03.06.2025 IN IA NO.2/2025.

BY ADVS.

SRI.K.R.VINOD SMT.M.S.LETHA OTHER PRESENT:

GP SMT DEEPA V SC SRI K JANARDHANA SHENOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS, J.

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WP(C) No. 35090 of 2024 -----------------------------------------

Dated this the 3^rd day of June, 2025

JUDGMENT

The writ petition is filed to direct the respondents

2 and 4 to remove the illegally parked vehicles of the respondents 5 and 6 from the public road which is obstructing the access to the petitioner's building. 2. The petitioner is the owner in possession of

3.394 cents of land and a three storied building covered by Ext.P1 land tax receipt. The petitioner's building has vehicular access to the Perandoor main road. However, the respondents 5 and 6 are indiscriminately parking their vehicles on the public road and in front of the petitioner's building and obstructing his ingress and egress to his building. Although the petitioner has submitted Exts.P4 and P5 complaints before the respondents 2 and 4, no action has been taken in the matter. The inaction on the part of the respondents 2 and

4 is arbitrary. Hence, the writ petition.

3. The respondents 1 and 2 have filed a counter affidavit refuting the allegations in the writ petition. They have contended that they have not received any complaint till date. The petitioner's complaint has to be considered by the Public Works Department. Therefore, the writ petition as against the respondents 1 and 2 may be dismissed.

4. The respondents 5 and 6 have filed a counter affidavit denying the allegations in the writ petition. The petitioner has only road access on the western side of his property, on which side he has constructed the building. The petitioner has no right to occupy or enjoy the puramboke land situated in the northern side of his property. The respondents 5 and 6 have not indiscriminately parked the vehicles obstructing the petitioner's access. Therefore, the writ petition may be dismissed.

5. Heard; the learned counsel for the petitioner, the learned Standing Counsel appearing for the respondents 1, 2 and the additional 8^th respondent, the learned Government Pleader appearing for the respondents 3, 4 and 7 and the learned counsel appearing for the respondents 5 and 6.

6. The petitioner's specific case is that, the respondents 5 and 6 are indiscriminately parking their v