Local authorities are obligated to enforce parking regulations to ensure public accessibility and prevent nuisance.

JUDGMENT

The petitioner, owner of a building situate in R.S.No.303/18 of Pulikkal Village complains of parking of vehicles in front of the building, obstructing the entry into the shop rooms. According to the petitioner, vehicles like goods aurorickshaws and other goods carriers are parked on the road margin, effectively preventing the entry of customers who frequent the shops that are located on the ground floor of the building. Though, the petitioner has submitted a number of representations to the respondents, it is complained that no action has been taken thereon, till date. 2. A counter affidavit has been filed by the Secretary of the Panchayat. It is stated in paragraph 4 of the counter affidavit as follows:

“It is true that the petitioner is the owner of the Building No.VII/23C, D, F situated in Pulikkal Bazar in R.S.No.303/18 of Pulikkal Village. It is also true that the petitioner has leased out the said building to tenants. There is no bus stop in front of the building owned by the petitioner.

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However, it is quite true that goods carriers like goods autorickshaws and pick up vans are being parked in front of the building of the petitioner. It is also quite true that it is causing traffic block and inconvenience for the vehicular traffic. The Pulikkal Grama Panchayat also owns a fish market just adjacent to the shop room of the petitioner. This respondent had passed a Resolution in its Board meting held on 17.9.2013 as Resolution No.III(3), whereby, they had decided to approach the police for taking appropriate action. A true copy of the said resolution is produced herewith as Exhibit R4(a). The owners/drivers of the goods carriages are refusing to shift to any other place and are using portion of National Highway as their parking place. ”

3. A statement has been filed by the 2nd respondent.

According to the statement, the Police have taken necessary action against unauthorised parking of vehicles. The drivers of vehicles who frequent the area as well as the Union leaders of motor drivers were instructed not to park their vehicles in violation of the law. According to the statement, the Panchayat authorities have also been addressed to identify a suitable place for parking such goods WPC.No.17169/13 -3-

vehicles.

4. Heard.

5. It is clear from the stand taken by the respondents that the petitioner who is the owner of the commercial building within the limits of the 4th respondent-Panchayat is put to trouble by the unauthorised parking of goods vehicles, autorickshaws and other medium goods vehicles. It is also not in dispute that the entry to the shop rooms in the petitioner's building is obstructed causing nuisance to the customers as well as the pedestrians using the public road. It is also not in dispute that the action complained of is against the law.

6. The above being the position, it is only appropriate that the authorities take effective steps to prevent such violation of law, to ensure that inconvenience and nuisance is not caused to the tenants of the petitioner occupying the shop rooms, their customers as well as the pedestrian public. The organised drivers of such goods vehicles cannot be permitted to violate the law with impunity, while the law enforcement authorities simply look on and watch such violations.

This Writ Petition is therefore disposed of directing WPC.No.17169/13 -4-

respondents 1 and 2 to take effective steps to ensure that no parking of goods vehicles as seen in Exhibit P4 photographs is allowed in front of the petitioner's shop room and on the road margin. The 4th respondent shall also take effective action to see that such unauthorised parking is prevented.