High Court of KeralaWP(C)/25516/2014closed

Biju Joseph v. State Of Kerala

2015-09-18Honourable The Chief Justice Mr.Ashok Bhushan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 PETITIONER(S) :- ------------------- BIJU JOSEPH, AGED 44 YEARS S/O.JOSEPH, KUNNATHUMATTATHIL HOUSE KOTTOPADAM P.O., NO.III VILLAGE, MANNARCADU TALUK PALAKKAD DISTRICT.

BY ADVS.SRI.VARGHESE C.KURIAKOSE SRI.P.J.JOSE RESPONDENT(S) :- -----------------

1. STATE OF KERALA REP.BY SECRETARY, DEPT. OF HOME AFFAIRS SECRETARIAT, TRIVANDRUM - 695 001.

2. THE SUPERINTENDENT OF POLICE (DISTRICT POLICE CHIF) O/O.THE SUPERINTENDENT OF POLICE PALAKKAD DISTRICT - 678 001.

3. THE DEPUTY SUPERINTENDENT OF POLICE O/O.THE DEPUTY SUPERINTENDENT OF POLICE SHORNUR, PALAKKAD DISTRICT - 678 006.

4. THE CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MANNARCADU PALAKKAD DISTRICT - 678 302.

5. SUB INSPECTOR OF POLICE O/O.THE SUB INSPECTOR OF POLICE, MANNARCADU PALAKKAD DISTRICT - 678 302.

6. TAXI AND AUTO DRIVER'S UNION AFFILIATED TO CITU, REP.BY ITS SECRETARY POTTASSERRY P.O., KANJIRAM - 678 142.

7. TAXI AND AUTO DRIVER'S UNION AFFILIATED TO INTUC, REP.BY ITS SECRETARY POTTASSERRY PO, KANJIRAM. 678 142.

8. TAXI AND AUTO DRIVER'S UNION AFFILIATED TO BMS, REP.BY ITS SECRETARY POTTASSERRY P.O., KANJIRAM - 678 142.

9. KANJIRAPUZHA GRAMA PANCHAYAT PANCHAYAT OFFICE, KANJIRAM - 678142 REP.BY ITS SECRETARY R6-R8 BY ADV. SRI.T.MADHU R9 BY ADV. SRI.R.AZAD BABU R1-R5 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX PETITIONER(S)' EXHIBITS :- EXT.P1 - TRUE PHOTOSTAT COPY OF THE STATEMENT IN WPC.NO.15844/2010 FILED BY THE 9TH RESPONDENT. EXT.P2 - TRUE PHOTOSTAT COPY OF THE LICENSES AND PERMISSION ISSUED TO THE PETITIONER FROM 9TH RESPONDENT. EXT.P3 - TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE LABOUR DEPARTMENT TO THE PETITIONER'S INSTITUTION.

EXT.P4 - TRUE PHOTOSTAT COPY OF THE REGISTRATION FROM THE COMMERCIAL TAX DEPARTMENT DATED 15-07-2011.

EXT.P5 - TRUE PHOTOSTAT COPY OF THE PHOTOGRAPHS SHOWING THE PARKING OF TAXI VEHICLES INSIDE THE TITLE HOLDING PROPERTY ALMOST TOUCHING THE BUILDING.

EXT.P6 - TRUE PHOTOSTAT COPY OF THE REPRESESNTATION DATED 12-09-2014 BEFORE THE 9TH RESPONDENT.

EXT.P7 - TRUE PHOTOSTAT COPY OF THE REPRESESNTATION DATED 12-09-2014 SUBMITTED TO THE RESPONDENT NO.2.

EXT.P8 - TRUE PHOTOSTAT COPY OF THE REPRESESNTATION DATED 12-09-2014 SUBMITTED TO THE RESPONDENT NO.3.

EXT.P9 - TRUE PHOTOSTAT COPY OF THE REPRESESNTATION DATED 12-09-2014 SUBMITTED TO THE RESPONDENT NO.4.

EXT.P10 - TRUE PHOTOSTAT COPY OF THE REPRESESNTATION DATED 12-09-2014 SUBMITTED TO THE RESPONDENT NO.5.

EXT.P11 - TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT.

EXT.P12 - TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT.

EXT.P13 - TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 4TH RESPONDENT.

EXT.P14 - TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 5TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :- --------------------------- EXT.R6(a) : TRUE COPY OF THE COMPLAINT FILED BY SRI.PRADEEP AND 34 OTHERS TO THE SOCIAL FORESTRY OFFICER, OLAVAKOD. EXT.R6(a)(i) : TRUE ENGLISH TRANSLATION OF EXT.R6(a). EXT.R6(b) : TRUE COPY OF THE COMPLAINT FILED BY SRI.PRADEEP TO THE DISTRICT COLLECTOR, PALAKKAD DATED 12.9.2014. EXT.R6(b)(i) : TRUE ENGLISH TRANSLATION OF EXT.R6(b). EXT.R6(c) : TRUE COPY OF THE DECISION OF THE MEETING OF THE 9TH RESPONDENT PANCHAYATH IN ITS MEETING HELD ON 20.5.2010. EXT.R6(c)(i) : TRUE ENGLISH TRANSLATION OF EXT.R6(c). EXT.R6(d) : TRUE COPY OFD THE PROCEEDINGS DATED 27.10.2012 OF THE 9TH RESPONDENT GRAMA PANCHAYATH.

EXT.R6(d)(i) : TRUE ENGLISH TRANSLATION OF EXT.R6(d). EXT.R9(a) : TRUE COPY OF THE RECOMMENDATION SUBMITTED BY THE SUB COMMITTEE DATED 26/4/2010 WITH ENGLISH TRANSLATION. EXT.R9(b) : TRUE COPY OF THE RELEVANT PORTION OF THE RESOLUTION DATED 20.5.2010 WITH ENGLISH TRANSLATION. EXT.R9(c) : TRUE COPY OF THE NOTICE FOR CONVENING MEETING ON 5.6.2010 WITH ENGLISH TRANSLATION.

EXT.R9(d) : TRUE COPY OF THE DECISION TAKEN ON BY THE PANCHAYAT COMMITTEE HELD ON 30.9.2014 WITH ENGLISH TRANSLATION.

//TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & K. VINOD CHANDRAN, J.

-------------------------------------------- W.P.(C) No.25516 of 2014 -------------------------------------------- Dated this the 18th day of September 2015

J U D G M E N T

Vinod Chandran, J.

The petitioner has approached this Court seeking for police protection against the illegal parking of vehicles in front of his business premises, which allegedly causes obstruction of ingress and egress to his premises. The petitioner then, being informed by the Panchayat that there is no sanctioned parking space, filed a writ petition, W.P.(C) No.27941 of 2014, to stop the parking in front of the petitioner's shop, which was used as a taxi stand. This Court on 17.8.2015 passed an order directing that the property of the petitioner should not be blocked by respondents 6 to 8 by parking their vehicles.

Now, the question of whether there is a valid parking space alone remains to be considered, which could as well be considered by the learned Single Judge in W.P.(C) No.27941 of 2014.

Under such circumstances, we close this writ petition. However, leaving the parties to urge all contentions before the

W.P.(C) No.25516 of 2014 -: 2 :- learned Single Judge in W.P.(C) No.27941 of 2014, wherein the interim order dated 17.8.2015 shall continue till the disposal of the said writ petition or till such time it is modified. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. VINOD CHANDRAN J UDGE Jvt/25.9.2015.