AUTO-RICKSHAW DRIVERS CANNOT PARK THEIR RICKSHAWS IN UNAUTHORISED AREAS WITHOUT PERMISSION - KERALA HC

The single-judge Justice Devan Ramachandran of the Kerala High Court ruled that auto-rickshaw drivers cannot park their rickshaws in unauthorised areas. ‘Merely because auto-rickshaws have parked in an area for years, the driver cannot claim the right to park when the area has not been reserved for the same. And if the parties want to claim such right, it is a matter for the competent authority (Panchayat Secretary) to consider.”

The Court was hearing a petition filed by a shop owner whose business was hit due to unauthorised parking at the entrance of his shop. Advocate KT Shyamkumar, appearing for the petitioner, requested the court expeditiously direct auto-rickshaw parking removal.

Senior Government Pleader Aswin Sethumadhavan submitted that all auto-rickshaws were removed from the area in compliance with the Court's earlier directions in the matter. The police officers have also been instructed to ensure that no unauthorized parking is permitted unless the competent Authority grants necessary permission.

Advocate Mohammed Shah, appearing for a few owners of auto-rickshaws and other transport vehicles, argued that his clients had been parking in the location for the last more than 30 years. However, advocate Mohammed failed to inform the court under what authority his clients were parking. 

The Court ordered the auto-rickshaw operators to get permission before parking. However, the court granted liberty to the operators of the auto-rickshaws to approach any competent authority for parking space without any obstruction to the petitioner.

Author: Papiha Ghoshal