Kerala High Court: Parking Dispute Between Tenants Is A Private Matter, Not A Public Law Issue

The Kerala High Court has ruled that a dispute between two tenants over vehicle parking in front of shop rooms cannot ordinarily be treated as a public law issue warranting intervention under Article 226 of the Constitution. The Court observed that such grievances are essentially private disputes and must be resolved through appropriate civil proceedings rather than by seeking police protection through writ jurisdiction.

A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. dismissed a writ appeal filed by a shop tenant who alleged that another tenant in the same building was parking vehicles in a manner that blocked the frontage and partially obstructed access to his electronic showroom and service centre.

The appellant had approached the High Court seeking directions against the alleged unauthorised parking and requested police protection to ensure unhindered access to his business premises. However, the Single Judge had earlier refused relief, holding that both parties were tenants under the same landlady and had similar rights to use the parking space available within the premises.

Upholding that view, the Division Bench clarified that the premises in question could not be treated as a public space merely because members of the public visited the shops for business purposes. The Court noted that laws regulating parking in public areas, including provisions under the Motor Vehicles Act, would not apply to disputes arising within private property.

The Bench further emphasised that writ jurisdiction is primarily meant to address violations of public duties or wrongful exercise of state power. Since the case involved only a complaint of inconvenience caused by another tenant and no larger law-and-order issue was shown, the Court held that the matter did not fall within the scope of a public law remedy.