The petitioners are shop owners on the western side of the national highway at Puthiyakavu Junction. The petitioners are aggrieved with the parking of autorickshaws before the shops thus obstructing the ingress and egress into their shops. The petitioners also contend that, on the eastern side of the National Highway, there is a specified parking area, for autorickshaws and the parking now carried on before their shops, is not authorised and causes difficulty to the shop owners as also customers coming thereat. 2. The learned counsel appearing for the respondents 4 and 5 would contend that the matter has been settled by Ext.R4(a) judgment. In fact, when the above writ petition was pending before this Court, the Panchayat had specifically contended before this Court that the parking carried on the western side was unauthorised. But, only noticing the fact that, the said parking was carried on for quite a long time, this Court directed the Regional Transport Authority to take a decision on the same since it is the RTA who has power under Section 117 of the Motor Vehicles Act, 1988 read with Rule 344 of the Kerala Motor Vehicles Rules, 1989.
3. The learned Government Pleader, at that point of time had contended before this Court that, the Sub Inspector of Police had visited the parking place and had found no obstruction as such. It was in such circumstance, that the RTA was directed to pass necessary orders in the matter, and status quo ordered. Subsequently however the Panchayat seems to have made a volte-face in recommending a parking place on the western side of the national Highway also. So much is indicated in Ext.R2(a), filed along with the counter affidavit of the respondent Panchayat.
4. Ext R2(a) is a decision of the Panchayat to which reply is communicated by the Secretary of the RTA as per Ext R2(b). After considering the proposal, the RTA did not approve of the recommendation made by the Panchayat. The Regional Transport Officer also noticed that there were a number of complaints with respect to the parking and indicated that the Local Self Government Institution has to earmark another parking area. Hence, it has been decided to constitute a Committee With the Secretary of the Panchayat, as the Chairman and representatives from PWD, Police and the Motor Vehicles Department to earmark, a suitable place for parking of autorickshaws.
5. The Panchayat has taken a recalcitrant attitude in the matter and has contended by Ext.R2(c) that there is no power to constitute such a committee. As was noticed above, Section 117 of the Motor Vehicles Act speaks of parking places and halting places wherein the State Government or any authority authorised in this behalf could determine the place at which motor vehicles may be parked; in consultation with the local authority. Rule 344 authorises the RTA to specify the parking places as provided under Section 117 and again provides for consultation with the concerned authorities; the Local Self Government Institution, the Executive Engineer and the Superintendent of Police of the District. Further, Section 72 of the Kerala Police Act,1960 speaks of constitution of committees which committees are to be constituted with the Chairman of the Local Self Government Institution, as its head and comprising of nominees of the District Magistrate, District Police Chief, Regional Transport Officer and the Executive Engineer of the PWD. In such circumstance, the stance of the Panchayat, that there is no power to constitute a committee; cannot at all be countenanced.
6. The Panchayat definitely has to be consulted and it is for the Panchayat to earmark parking places, which has to be approved by the RTA. After earmarking the parking place by the Panchayat, the Regional Transport Authority, is not bound to accept the same, without looking at anything else. The provisions above noticed, would clearly indicate that, the intention of the legislature is to confer authority on the RTA to determine a parking place, but in consultation with the Local Self Government Institution. The RTA has to take into account the difficulty caused to the general public as also the problems relating to control of traffic in specifying, such parking places.
7. In this context, it is also to be noticed that the photograph produced at Ext.P1 indicates a fairly large parking place for autorickshaws on the eastern side of the National Highway. The autorickshaws are parked on both sides only to avoid crossing of the national highway, when proceeding to the north. This is a common phenomenon in this State where the national highways invariably passes through busy areas, for reason of the high density of population. This is only in mitigation of the assumed difficulty of the autorickshaws to pick up passengers going in all directions. That is not the only concern of the RTA.
8. In such circumstance, the Committee constituted; going by the aforecited provisions, shall have the Chairman of the Panchayat as its Head and the committee so constituted shall within a period of two months from today take a decision on the issue. The petitioners as also the respondents 5 and 6 shall be heard before a final decision is taken. The petitioners if making any complaint with respect to the obstruction of ingress and egress into their shops, by the parking of autorickshaws, the same shall be looked into by the Station House Officer having jurisdiction of the area and shall take immediate steps to remove such obstruction.
Writ petition is disposed of leaving the parties to suffer their respective costs.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge