C.E.CHANDRAN Vs. DIST.COLLECTOR

JUDGEMENT

(1.) The Writ Petitions pertain to the alleged unauthorised parking of autorikshaws/taxies on the side of public roads impeding vehicular and pedestrian traffic. S. 117 of the Motor Vehicles Act, 1988 empowers the State Government in consultation with the local authority to determine places at which the autorikshaws/taxies can be parked for a longer duration. R.344 of the Kerala Motor Vehicles Rules, 1989 empowers the Regional Transport Authority in consultation with the local body and the Superintendent of Police to determine the location of a parking place for autorikshaws/taxies. The issue is covered by a series of decisions of this Court and a few of them are as follows:

(2.) A minimum of 1.5 metres beyond the tarred margin of the road is to be left for pedestrian traffic throughout the State. This finds support from R.6 of the Kerala Panchayat Road (Landing Places, Halting Places, Cart Stands and other Vehicle Stands) Rule, 1995 also. The specification of 1.5 metres beyond the tarred margin has to be maintained whether it be a panchayat area or any urban area as the State is replete with motor accidents. Unauthorised erection of sign boards as autorikshaw stands and taxi stands by the Unions should not detract the police from plucking it out and facilitate pedestrian traffic for the public. I permit the petitioners to move the Regional Transport Authorities concerned within a period of one month specifying the autorikshaw stand or taxi stand allegedly objectionable. The Regional Transport Authority shall in consultation with the local body, Executive Engineer and the Police shall take a final decision thereon within another month therefrom. The Traffic Advisory Committee constituted under S. 72 of the Kerala Police Act shall also be put on notice and heard before the location of autorikshaw/taxi stands are determined. The interim orders in the Writ Petitions shall continue to be in force for a period of three months to enable the parties to work out their remedy as above.