Auto rickshaw drivers cannot claim right to park in unauthorised public areas: Kerala High Court

The Kerala High Court recently ruled that auto rickshaw drivers cannot park their rickshaws in unauthorised spots/ areas. (Martin Jacob v. Regional Transport Authority Kottayam and Ors.).Single-judge Justice Devan Ramachandran ordered that merely because auto rickshaws have parked in an area for years, the operators cannot claim any right to do so when the area has not been reserved for the same."I cannot see how the operators of autorickshaws can insist that they be allowed to unauthorisedly park in any area on the strength of their assertion that they have been doing so for the last several years," the Court said..The Court opined that if the drivers feel they have the right to claim so, it is a matter for the competent authority (Panchayat secretary) to consider, along with any grievance raised by persons who might be affected."This Court cannot look into the above allegations of the autorickshaw and other transport operators, since they have effective remedies under the applicable law before the competent Authority. If they have a case that they have been parking in the area for the last several years and thus obtaining a right to do so; or that they require an alternate space; or that they will park in the same area without causing obstruction to the petitioner, they will have to first approach the Secretary with an appropriate application, so that same can be considered by him, after hearing the petitioner also," the order stated..The Court issued the order on a petition filed by a shop owner whose business was affected due to unauthorised parking of auto rickshaws at the entrance of his shop. In the plea filed through Advocate KT Shyamkumar, the petitioner sought a direction from the Court to remove such obstructive parking expeditiously. .Senior Government Pleader Aswin Sethumadhavan submitted that in compliance with the Court's earlier directions in the matter, all autorickshaws were removed from the area in question. Moreover, he submitted that police officers have been instructed to ensure that no such parking is permitted, unless the operators are granted necessary permission to do so in future by the competent Authority..However, Advocate Mohammed Shah, intervened to say that he intends to appear on behalf of certain owners of auto rickshaws and other transport vehicles, asserting that his clients had been parking in the area in question for the last more than 30 years. However, he was unable to inform the Court under what authority they were doing so, but argued that the building of the petitioner is illegal and that it is, in fact, resting on an electric post dangerously..The Court found no merit in this argument which would necessitate its interference and ordered that until the auto rickshaw operators are able to obtain necessary permission to park their vehicles, no such parking will be allowed in the area in question..The Court, however, granted full liberty to the operators of the auto rickshaws to approach any competent authority either for alternate parking space or to establish that they will be able to park in the area in question without any obstruction to the petitioner. .[Read Order]