The Kerala High Court has dismissed a writ appeal filed by a shop owner from Kollam who alleged that another tenant in the same commercial building was blocking access to his electronics showroom by parking vehicles in front of it. The Division Bench held that the dispute was essentially private in nature and could not be addressed through a public law remedy under Article 226 of the Constitution.
Background of the Case
The appeal was filed by Rajesh Babu, a tenant running an electronics showroom and service centre in Kottarakkara Municipality. He claimed that another tenant in the building, an architect and structural engineer, was parking vehicles in a way that partially blocked entry to his shop and affected business operations.
Before the Single Judge, the petitioner had sought a declaration that such parking was illegal and also requested police protection to prevent obstruction near his shop premises.
However, the Single Judge dismissed the plea, observing that both parties were tenants of the same landlady and had equal rights over the available parking space. The court had said that any dispute regarding access rights would have to be resolved before a civil court.
Hearing the appeal, the Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. agreed with the earlier ruling.
The Bench noted that the parking area in question was part of a private building and could not be treated as a public space merely because customers visited the premises.
“The premises of the building cannot by any stretch of imagination be considered as a public space,” the court observed while rejecting the argument based on the Motor Vehicles Act.
The court further said that the statutory duties of municipal or transport authorities relating to regulation of public spaces would not apply to disputes arising within private property.
It also found that there was no allegation of any law and order issue requiring police intervention. The Bench observed that the grievance was limited to inconvenience caused by parking arrangements.
Dismissing the appeal, the High Court held that a writ petition under Article 226 is primarily a public law remedy and is generally unavailable for resolving private disputes between individuals.
“The Writ Appeal therefore fails and is accordingly dismissed,” the Bench concluded.
Case Details:
Case Title: Rajesh Babu v. State of Kerala & Ors.
Case Number: W.A. No. 1048 of 2026
Judges: Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K.
Decision Date: May 19, 2026
