M SHAHUL HAMEED PILLAI Vs. SECRETARY NEDUMANGAD MUNICIPALITY

JUDGEMENT

(1.) THE petitioner who is conducting business under the name and style Latheefa Fancy in a room in a shopping complex within the area of Nedumangad Municipality has approached this Court complaining that autorickshaw and other vehicles are parking in front of his shop with the result that the petitioner and his family members who are residing in the first floor of the building, petitioner's customers and the petitioner's employees are unable even to have access to the business premise and also the residential premise. THE various photographs produced along with the writ petition will show that the allegations of the petitioner are prima facie correct. According to Mr. M. Dinesh, learned counsel for the petitioner, there is no authorised parking stand in front of his building for autorickshaws or for any other vehicles. According to him, the authorised parking stand established by the Municipality is in front of Kesavan Nair Memorial Shopping Complex, which is very near to the petitioner's building.

(2.) COUNTER affidavits have been filed by the party respondents as well as by the Municipality. The Municipality through its counter affidavit accepts the stand of the petitioner that the Municipality has not established any parking stand for autorickshaws or other vehicles in front of the petitioner's building. So also, the case of the petitioner that the Municipality has established a parking stand in front of Kesavan Nair Memorial Shopping Complex is admitted. The party respondents' contention is one of total denial. Sri.M.Dinesh, learned counsel for the petitioner would draw our attention to the various exhibits particularly, the photographs and submit that the case pleaded is correct. Sri. P. Ramakrishnan, standing counsel for the Municipality submitted that though it is true that the Municipality has not established any parking stand in front of the petitioner's building, the parking stand established by the Municipality in front of Kesavan Nair Memorial Shopping Complex is intended for 3 wheeler goods vehicles only. In the vicinity of the petitioner's building there is no stand established by the Municipality for passenger autorickshaw. The counsel for the party respondent would make submissions on the basis of the counter affidavit.