RAJESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Appeal is filed assailing the judgment of the learned Single Judge whereby the learned Single Judge decided against the exercise of his discretionary powers under Article 226 of the Constitution of India on the ground that the reliefs sought for are purely private in nature and are not amenable to the writ jurisdiction under Article 226 of the Constitution of Inda. The short facts relevant for the determination of the lis are as follows:

(2.) The learned Single Judge, taking note of the fact that both the appellant as well as the 7th respondent are tenants of the same landlady held that both have a right to park their vehicles in front or near the building wherever such area is earmarked and hence parking of vehicles by the 7th respondent could not be seen as illegal vis-a-vis the writ petitioner. The Writ Petition was therefore dismissed on the ground that enforcement of access to the petitioner's shop room being a private right has to be through proceedings in a civil court.

(3.) In the appeal before us, the learned counsel for the appellant urged that the learned Single Judge failed to apply the dictum in Noushad M. v. State of Kerala, 2019 (2) KHC 562 and that the right of the appellant is backed by the statutory provision under Sec. 117 of the Motor Vehicles Act, 1988 and the Rules framed thereunder and that Kottarakkara Municipality has a statutory duty to regulate public spaces and prevent obstruction and nuisance.