01Facts
The petitioner and his wife owned a two-storey commercial building in Ward No. 6 of the first respondent Panchayath. He alleged that autorickshaws parked in front of the building obstructed access and created difficulties for vehicles at the junction. After submitting a complaint to the Panchayath Secretary, and receiving an acknowledgement, the petitioner approached the High Court because no action had been taken
p. 2The Court heard the petitioner’s counsel and the Government Pleader and dispensed with notice to respondents 1 and 2 in view of the order proposed
p. 302Issues
i.1. Whether the petitioner’s complaint concerning autorickshaw parking and the resulting obstruction should be placed before the Traffic Regulatory Committee for consideration
p. 3ii.2. Whether the Committee should decide the complaint after hearing the petitioner and stakeholders, in accordance with law
p. 303Law Applied
Section 72 of the Kerala Police Act, 2011, provides for the constitution of a Traffic Regulatory Committee; in this case, the President of the Grama Panchayath was identified as the Committee’s Chairperson
p. 3The Court directed that the complaint be considered by the Committee after hearing the petitioner and stakeholders and in accordance with law
p. 3Provisions in the judgment · 1
Kerala Police Act, 2011 Section 72
04Reasoning
The petitioner’s complaint concerned a local traffic and parking issue falling for consideration by the Panchayath’s Traffic Regulatory Committee. Rather than determine the merits of the alleged obstruction itself, the Court directed the Panchayath President, as Committee Chairperson, to place the complaint before the Committee.
p. 3Requiring the Committee to hear the petitioner and stakeholders ensured that the complaint would be considered through the designated forum and in accordance with law
p. 305Holding
The Court disposed of the writ petition by directing the Panchayath President to place the complaint before the Traffic Regulatory Committee within two weeks of receiving the judgment.
p. 3The Committee was directed to decide the complaint after hearing the petitioner and stakeholders, in accordance with law, as expeditiously as possible and no later than six weeks thereafter
p. 3Original Court PDF
MAYI VIJAYANvsRAMANTHALI GRAMA PANCHAYATH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
