LAWS(KER)-2019-2-173

NOUSHAD M. Vs. STATE OF KERALA

Decided On February 22, 2019
Noushad M. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners have filed this writ petition praying for a direction to respondents 4 to 6 to provide effective police protection to the life and property of the petitioners and to ensure that there are no autorickshaws parked in front of the building and from the illegal obstructions from respondents 9 to 12 and their men by resisting the free ingress and egress of the petitoners' shoprooms and houses with building Nos. T.P.IX/561, T.P.IX/563, T.P.IX/751 to 753, T.P.IX/566, T.P.IX/369 and 569, T.P.IX/568 and 570 and also to direct respondents 4 to 8 to take appropriate action upon Exts.P11 to P15 complaints filed by the petitioners.

(2.) Respondents 9 to 12 are the drivers/owners of autorickshaws parking in front of the petitioners' shop rooms and buildings. It is alleged that the regular parking of autorickshaws by respondent 9 to 12 are causing obstruction to the free ingress and egress to their shops and houses from the road. Hence the petitioners filed Ext.P10 complaint before respondents 3 to 8 for the removal of illegal parking of autorickshaws by respondents 9 to 12 in front of petitioners' shoprooms and houses, virtually blocking free ingress and egress to the petitioners' shoprooms and houses. The first petitioner approached the 8 respondent and on a query made before the 8 respondent under the RTI Act, the 8 respondent-Secretary of Thevalakkara Panchayat issued Ext.P9 information stating that no authorised stand is permitted in front of the first petitioner's building. Feeling aggrieved by the unauthorised parking of autorickshaws in front of the shops and houses of the petitioners virtually blocking their free ingress and egress, the petitioners submitted Ext.P12 complaint before the fifth respondent to render adequate police protection for not blocking their ingress and egress to the shops and houses of the petitioners.

(3.) The petitioners are owners of shop rooms and houses in Sy. Nos. 342/8-1-4, 342/8-1-3, 342/8-2-1, 342/8-3 and 405/7, 405/8, 342/5-2, 382/9-2 and 202/14, 342/5 in Block No. 15, Thevalakkara Village, Karunagappally Taluk and with building Nos. T.P.IX/561, T.P.IX/563, T.P.IX/751 to 753, T.P.IX/566, T.P.IX/369 and 569, T.P.IX/568 and 570 of the 8 respondent-Grama Panchayat. The petitioners' shoprooms and houses are situated on the southern side of Chavara-Sasthamcotta road at Padappanal Junction of Kollam District (Chavara-Adoor State Highway).