Kerala High Court Dismisses Tenant's Parking Grievance as Not a Public Law Issue The Kerala High Court recently dismissed a writ appeal filed by a tenant who claimed that another tenant's unauthorized parking of vehicles in front of his shop violated his private rights. The court ruled that the grievance does not fall under the scope of public law remedies, emphasizing that such disputes are private in nature and require resolution through civil courts rather than constitutional writ mechanisms. The case originated from a dispute between two tenants in the same building managed by the Kottarakkara Municipality. The appellant, who operated an electronic showroom and service center, alleged that the seventh respondent, another tenant, was illegally parking vehicles in a manner that blocked access to his shop and obstructed his business operations. The appellant sought a declaration that the unauthorized parking was illegal and requested police protection to enforce compliance. A Single Judge initially dismissed the writ petition, stating that both tenants had equal rights to park vehicles in designated areas of the building. The judge reasoned that the appellant’s claim regarding access to his shop was a private matter, not a public law issue, and therefore fell outside the jurisdiction of the writ court. The Single Judge directed the appellant to pursue civil proceedings to resolve the dispute. The Division Bench, comprising Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K., upheld the Single Judge’s decision. The court clarified that the premises in question were private spaces, not public areas, and thus the provisions of the Motor Vehicles Act or the duties of statutory authorities to regulate public places did not apply.#kerala_high_court #kottarakkara_municipality #rajesh_babu #state_of_kerala #preeta_a_k
