2025:KER:28750 W.P.(C)No.6996 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 6996 OF 2025 PETITIONER: SHYAMLAL.T AGED 27 YEARS S/O.BABURAJ.T, THAYYIL HOUSE, VADAKKEPPURATH, CHELAVOOR.P.O, KOZHIKODE DISTRICT, PIN - 673571 BY ADV PRANAV RESPONDENTS: 1 THE CITY POLICE COMMISSIONER KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN - 673004 2 THE STATION HOUSE OFFICER CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT, PIN - 673012 3 DINESH KUMAR.O.P S/O SREEDHARAN, POOKKATTUPARAMBIL HOUSE, MARIKUNNU P.O., KOZHIKODE DISTRICT, PIN - 673012 4 NOUSHEED S/O NAJEEB, KOTTINEDATH HOUSE, MARIKUNNU P.O., KOZHIKODE DISTRICT, PIN - 673012 5 RATHAKESH S/O VELAYUDHAN, PULPARAMBIL HOUSE, MARIKUNNU P.O., KOZHIKODE DISTRICT, PIN - 673012 2025:KER:28750 W.P.(C)No.6996 of 2025 2 6 RIYAS S/O ABDULLA, THAREKKATTIL HOUSE, PARAMBIL BAZAR P.O., KOZHIKODE DISTRICT, PIN - 673012 7 YOOSUF OCHERIMEETHAL HOUSE, CHERUVATTA, PARAMBIL P.O., KOZHIKODE DISTRICT, PIN - 673012 8 ADDL.R8. TRAFFIC REGULATORY COMMITTEE KOZHIKODE MUNICIPAL CORPORATION, NEAR AKASHAVANI, BEACH ROAD, KOZHIKODE, PIN 673032 [IS IMPLEADED AS PER ORDER DATED 11.03.2025 IN I.A.NO.1/2025 IN WP(C)6996/2025]. GP SRI AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28750 W.P.(C)No.6996 of 2025 3 C.S.DIAS, J -------------------------------------------- W.P.(C).No. 6996 of 2025 --------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 and 2 to afford adequate police protection to the petitioner to use his auto rickshaw bearing registration No.KL-11-BV-4874 without any obstruction from the part of the respondents 3 to 7 and their men. 2. The petitioner is the owner of the above auto rickshaw. The petitioner has a valid permit to operate his auto rickshaw within the territorial limits of the Kozhikode Corporation. However, the party respondents are obstructing the petitioner from plying the auto rickshaw within the limits of the Kozhikode 2025:KER:28750 W.P.(C)No.6996 of 2025 4 Corporation. Even though the petitioner has submitted Ext.P3 complaint before the 2nd respondent, no action has been taken in the matter. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the additional 8th respondent. 4. The crux of the dispute in the writ petition is that the party respondents are obstructing the petitioner from plying his auto rickshaw within the limits of the Kozhikode Corporation as per Ext.P2 city permit. 5. Section 72 of the Kerala Police Act 2011, reads as follows: “72 Traffic Regulatory Committees (1) In every Grama Panchayath, Municipality and Corporation Traffic Regulatory Committees shall be constituted as may be prescribed, for regulating matters in respect of traffic 2025:KER:28750 W.P.(C)No.6996 of 2025 5 (2) The concerned head of the Local Government institution shall be the Chariman of the Traffic Regulatory Committee and the nominees of the District Magistrate, the District Police Chief, the Regional Transport Officer and the Executive Engineer of Public Works Department shall be the members of the said Committee. (3) The Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the following matters. Such orders issued shall be complied with by the Government Departments concerned, the officers and the general public, namely :- (a) regulate the manner and time of traffic of all kinds in public places; (b) regulate the gateways, festoons, banners, hoardings, signs, re Presentations, illuminated displays, construction activity, trade, welding, environmental pollution, nuisance by noise, blasting of rocks, mining, bursting of crackers, flying of kites and fireworks etc , seen in any property m the manner having the possibility of distracting attention of the public road users or causing danger to them; (c) regulate the manner and mode of conveyance of timber, poles, ladders, iron girders, beams, iron bars, boilers, hay, soil and articles difficult in handling, etc along the streets; (d) regulate the carrying of any explosive substances or hazardous chemicals along public places which may cause danger to road users; (e) close certain streets or instruct that no one shall enter in certain places under circumstances that there is reasonable apprehension of danger from buildings which are on the verge of collapse or due to other reasons; 2025:KER:28750 W.P.(C)No.6996 of 2025 6 (f) regulate the manner and means of entry from streets and public places to private buildings and places situated on the road side; (g) fix the manner in which the members of the general public may voluntarily assist in traffic management without causing any financial liability in that respect to the State or the Police Department”. 6. The question regarding applicability of Section 72 of the Kerala Police Act in matters of such nature is no longer resintegra in view of the categoric declaration of law by this Court in Sreekumaran Nair T.S. vs. Neyyattinkara Municipality [ 2023 KHC OnLine 10345], which in turn is passed by relying on a Division Bench decision of this Court in Noushad M. and others vs. State of Kerala and others [2019 (2) KHC 562]. The above decisions rule the roost. Therefore, I am of the view that it would be upto the petitioner to approach the additional 8th respondent and file a complaint with regard to obstructions being caused by the party respondents. If such 2025:KER:28750 W.P.(C)No.6996 of 2025 7 complaint is filed, the 8th respondent shall act upon the complaint in accordance with law. In the result, the writ petition is disposed of as follows: (i) The petitioner is permitted to file an application under Section 72 of the Kerala Police Act, before the additional 8th respondent, within a week from the date of receipt of a copy of this judgment. (ii) If such application is filed, the additional 8th respondent shall consider the application, in accordance with law and as expeditiously as possible, at any rate, within one month from the date of receipt of the application, after affording the petitioner and the party respondents an opportunity of being heard. 2025:KER:28750 W.P.(C)No.6996 of 2025 8 (iii) Until such time orders are passed on the application, the interim order dated 21.03.2025, will remain in force. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE SCB.03.04.25. 2025:KER:28750 W.P.(C)No.6996 of 2025 9 APPENDIX OF WP(C) 6996/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER’S AUTO RICKSHAW ISSUED BY THE RTO KOZHIKODE Exhibit P2 A TRUE COPY OF THE CITY PERMIT ISSUED IN RESPECT OF THE PETITIONER’S AUTO RICKSHAW ISSUED BY THE RTO KOZHIKODE DATED 29-12-2022 Exhibit P3 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06-02-2025