The Kerala High Court has held that parking autorickshaws in the space between a road and a shop is unauthorised as it causes inconvenience to the public.
A Division Bench comprising Justice S Siri Jagan and Justice K Ramakrishnan passed the order while considering a petition filed by Ummer Farookh against unauthorised autorickshaw parking in front of his shop.
The petitioner runs a business establishment at Puthenchira in Thrissur. According to him, some autorickshaw drivers use the space between his shop and the road to park their vehicles which causes obstruction to his customers and adversely affects his business.
Meanwhile, the auto drivers claim that they have been using the space as autorickshaw stand for years and the intention of the petitioner is to annex the ‘puramboke’ land for himself by getting police protection. The petitioner has trespassed onto the PWD road and although the authorities tried to measure the land to decide whether the petitioner has encroached upon any ‘puramboke’ land, he has effectively stalled it by filing the petition.
The panchayat on its part, submitted that no autorickshaw stand has been approved by the panchayat or any other authority in the area.
It submitted that appropriate steps have been taken to see that no autorickshaws are parked at the place in question, insofar as no autorickshaw stand has been approved by any authorities in the space. It is further submitted that notices had issued to the persons concerned to remove the autorickshaws from the space.
The court held that if parking vehicles will hinder the use of the road, no parking space shall be allotted in the place.
The court made it clear that it had considered the question as to whether the petitioner has encroached upon the road under the authority of the Public Works Departmenr and further observed that the judgment should not stand in the way of the appropriate authorities taking necessary action to decide whether anybody has encroached onto the road.