Krishnan Thampi vs Joint Regional Transport Officer

Dinesh Kumar Singh, J

The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners, who are husband and wife and senior citizens inter alia praying for a writ or order in the nature of mandamus commanding the respondents to take necessary actions to remove the illegal parking on the pedestrian footpath adjoining the compound wall of the petitioners’ residence and also in front of the gate of the residence of the petitioners.

The petitioners have placed reliance on the photographs placed along with I.A. No.1/2023, which would suggest that some vehicles are parked in front of the house. In I.A. No. 2/2022, some wooden logs are also shown kept abutting the boundary wall of the residence.

A counter affidavit has been filed on behalf of the respondents. The affidavit is sworn in by the Joint Regional Transport Officer, Neyyattinkara. The Motor Vehicle Inspector was directed to submit a report on the allegations made by the petitioners. The Motor Vehicle Inspector conducted a field visit and submitted a report. The said finding of the Motor Vehicle Inspector would read as under:

“Inspected the above place. There are some wooden logs placed adjacent to public Works Department Roads. The matter may be intimated to the executive Engineer, Public Works Department Road, Assistant Executive Engineer, PWD Road, Neyyattinkara and Assistant Executive Engineer, PWD Roads, Kanjiramkulam as they are the custodian of the PWD Roads." A letter containing the said matter is forwarded to all of those officers on 27.11.2021 with a request to remove all those wooden logs as the same affects the Public's road safety. No Reply has been received from them or any other authorities so far. The road is owned by the PWD, this authority has taken proper action to avoid causing trouble to all road users.”

Learned Government Pleader appearing for the respondents submits that the wooden logs were kept for laying tar on the road, which was being constructed by the Public Works Department. Now most of the wooden logs have been removed, and few are kept for purposes of construction of the road, which will be utilised soon.

So far as the question of parking vehicles in front of the gate of the petitioners is concerned, it is submitted that the house is not situated in a ‘No Parking Zone’. However, the Public Works Department will place a board near the house of the petitioners mentioning it as a ‘No Parking Area’ so that the vehicles are not parked in front of the petitioners' house, keeping their age and difficulty faced by them in ingress and outgress to their house.

5.1 Considering the said stand, the present writ petition is disposed of with a direction to the Public Works Department/2nd respondent to place a board near the house of the petitioner, mentioning it as ‘No Parking Area’ within two weeks. Despite the Board, if some vehicles are parked obstructing the ingress and outgress of the petitioners to their house, the petitioners may approach the 3rd respondent, who will take necessary action on the complaint of the petitioners.

With the aforesaid directions, the writ petition stands finally disposed of.