REJI C.P. Vs. JOSEPH JACOB

JUDGEMENT

(1.) THIS appeal is filed by a third party, who approached the learned Single Judge with a Review Petition, which came to be dismissed. The Writ Petition was filed by the first respondent herein seeking to enforce Exhibit P1 issued by the Assistant Executive Engineer to the Tahsildar, Mallappally proposing to shift the autorikshaw stand, which was originally situated in the Mallappally Hospital Junction to another place. The learned Single Judge, after taking into consideration the fact that an enquiry was conducted into the matter by the fifth respondent and directions were issued not to park autorikshaws in front of the petitioner's shop, directed the respondents to abide by the arrangements stipulated in Exhibit P1 and the directions of the fifth respondent in that regard.

(2.) THE appellant, an autorikshaw driver, challenges the above judgment mainly on the ground that the autorikshaw stand was situated at Mallappally Hospital Junction for several years and the attempt is to shift the same to another place, which is not permitted by the Panchayat or the competent authority, namely, Regional Transport Officer (RTO), Pathanamthitta.

(3.) IT is not in dispute that the autorikshaws have been parked at Mallappally Hospital Junction for the last several years and by virtue of Exhibit P1, a recommendation was made by the Assistant Executive Engineer, PWD to shift the said autorikshaw stand to enable the concerned RTO to take a decision. Exhibit P1, therefore, can only be treated as a proposal, which has to be approved by the RTO, Pathanamthitta. In that view of the matter, whether the autorikshaw stand is required to be shifted is to be considered by the RTO, after hearing all parties affected including the appellant, petitioner-shop owner, Panchayat and other persons, who are interested in the matter.