Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 3493 (KER)

JOSEPH KURIAKOSE v. THE STATE OF KERALA

WP(C)/5509/2025 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25974 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 5509 OF 2025 PETITIONERS: 1 JOSEPH KURIAKOSE AGED 73 YEARS MANAGING DIRECTOR, KGA ELITE CONTINENTAL HOTEL, MC ROAD, TIRUVALLA, PIN - 689101 2 T.K.VINODKUMAR AGED 50 YEARS PROPREITOR, MAHALAKSHMI SILKS, MC ROAD, TIRUVALLA, PIN - 689101 BY ADV K.V.GOPINATHAN NAIR RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KULAKKADU ROAD, THIRUVALLA, PIN - 689101 3 THE STATION HOUSE OFFICER THIRUVALLA POLICE STATION, THIRUVALLA, PATHANAMTHITTA, PIN - 698662 4 THE SECRETARY TIRUVALLA MUNICIPALITY, MARKET ROAD, KAYAMKULAM - THIRUVALLA HWY, THIRUVALLA, KERALA, PIN - 689101 5 THE REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA REPRESENTED BY ITS SECRETARY, AZHOOR, PATHANAMTHITTA, PIN - 689645 6 THE PRESIDENT THIRUVALLA TALUK AUTORICKSHAW THOZHILALI UNION, THIRUVALLA, PIN - 689101 2025:KER:25974 WP(C). No.5509 of 2025 2 7 ADDL.R7. TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY THE CHAIRMAN, THIRUVALLA MUNICIPALITY, MUNICIPAL BUILDING, MARKET ROAD, THIRUVALLA, PIN - 689101 (ADDL.R7 IS IMPLEADED VIDE ORDER DATED 20-02-2025 IN IA 1/2025 IN WPC 5509/2025) BY ADV S.SUBHASH CHAND OTHER PRESENT: GOVERNMENT PLEADER- SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25974 WP(C). No.5509 of 2025 3 Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the petitioners’ by removing illegally parked autorickshaws in front of their establishments and facilitating free ingress and egress for the petitioners, their staff and customers to their establishments. 2. When the writ petition came up for consideration on 05.03.2025, this Court passed the following order: “Admitted. 2. The learned Government Pleader takes notice for the respondents 1 to 3 and 5. Sri. S. Subhash Chand takes notice for the respondents 4 and 7. Issue notice by speed post to the 6th respondent. 3. On a consideration of the facts and the materials on record, particularly after going through Annexure 1 minutes of the additional 7th respondent, I direct the 3rd respondent to ensure that law and order is maintained in the petitioners’ premises for the implementation of Annexure 1 minutes. Post on 19.03.2025.” 2025:KER:25974 WP(C). No.5509 of 2025 4 3. Heard; the learned counsel for the petitioners, the learned Government Pleader and the learned Standing Counsel appearing for the respondents 4 and 7. 4. On a consideration of the facts and the materials placed on record, especially the statement filed by the Standing Counsel for the respondents 4 and 6, I am of the view that the writ petition is to be disposed of by directing the third respondent to ensure that Annexure I decision is implemented in its letter and spirit, in addition to the direction in Ext. P2 judgment. In the above circumstances, the writ petition is disposed of, by directing the third respondent to implement directions in Ext. P2 judgment and Annexure I minutes. Sd/- C.S.DIAS, JUDGE mtk/26.03.25 2025:KER:25974 WP(C). No.5509 of 2025 5 APPENDIX OF WP(C) 5509/2025 PETITIONER EXHIBITS Exhibit P1 PHOTOGRAPHS SHOWING UNAUTHORIZED AUTORICKSHAW PARKING CAUSING DIFFICULTY TO EASY TRAFFIC AND EASY INGRESS AND EGRESS TO BUILDING Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P© NO: 23538 OF 2021 DATED 18.11.2021 Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 28.1.2025 RESPONDENT ANNEXURES Annexure 1 A true copy of the minutes of the meeting of the Traffic Regulatory Committee of Thiruvalla Municipality dated 25/2/2025