JUDGMENT : The petitioners, who are stated to be the absolute owners of 3.5027 Ares of property in Sy.No. 67/1 of Pattambi Village, covered by Ext.P1 sale deed No. 1749/2004 of the Sub Registrar Office, Pattambi and Ext.P2 basic tax receipt dated 16.05.2019, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 and 4 to remove the bus shelter constructed in front of their building (Kairali Tower), on the side of Pattambi-Palakkad PWD road, with the assistance of the fifth respondent Circle Inspector of Police. 2. On 12.06.2019, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1, 2 and 5 to 7. Urgent notice on admission by special messenger was ordered to respondents 3 and 4, returnable by 19.06.2019. The learned Government Pleader was directed to get instructions from the fifth respondent, with a specific reference to Ext.P17 photograph of the bus shelter placed on record. 3. A statement has been filed on behalf of the fifth respondent, wherein, it has been stated that the construction of the bus shelter was done in public interest, by the public. Considering the advantage of the passengers, the Traffic Police, Pattambi did not obstruct the construction of the bus shelter. Pattambi Municipality and the PWD authorities have also not opposed the construction of the bus shelter. In order to show that the bus shelter in question does not cause any obstruction to the pedestrians, the fifth respondent has produced Annexure R5(a) series of photographs. 4. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1, 2 and 5 to 7. Though service of notice is complete, none appears for respondents 3 and 4. 5. As can be seen from Annexure R5(a) photographs, the bus shelter in question is constructed by erecting three GI pipes in RCC circular foundations, in the middle of the footpath in front of the petitioner's building, causing obstruction to movement of pedestrians. In order to exhibit advertisements, a steel structure has also been put up behind the GI pipes. As evident from Annexure R5(a) photographs, such a structure has been put up with an intention to display advertisements and not to provide shelter to bus passengers. In order to exhibit advertisements, a steel structure has also been put up behind the GI pipes. As evident from Annexure R5(a) photographs, such a structure has been put up with an intention to display advertisements and not to provide shelter to bus passengers. Such a construction has been made, despite the issuance of Ext.P24 Government Order dated 03.07.2014, whereby the Government imposed prohibition of unauthorised construction of bus shelters along PWD roads. 6. Section 364 of the Kerala Municipality Act deals with Prohibitions of obstruction in or over streets. As per Section 364, no person shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street. As per Section 365, all streets vested in or maintained by a Municipality shall be open to all members of the public. 7. Section 367 of the Kerala Municipality Act deals with removal of encroachments. As per sub-section (1) of Section 367, the Secretary may, by notice, require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction other than a door, gate, bar or ground floor window situated against or in front of such premises and in or over any street. As per sub-section (2) of Section 367, where the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or may with the permission or licence of any authority duly empowered in that behalf, and that the period, if any, for which the permission or licence, is valid has not expired, the Municipality shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same. As per sub-section (3) of Section 367, where the Secretary is satisfied that any road or public street including footpath, if any, thereof belonging to the Municipality or vested in it or otherwise is encroached upon by any person in any form, either temporarily or permanently so as to cause obstruction or hindrance or inconvenience to traffic and users of the street, the Secretary may summarily evict such encroachments and may seize and dispose of any belonging or article that may be found on such road or street and no person shall be entitled to claim compensation for any action taken by the Secretary in this behalf. 8. The Indian Roads Congress has formulated Guidelines for Pedestrian Facilities, vide IRC:103-2012. Indian Roads Congress was set up in December, 1934 on the recommendations of the Indian Road Development Committee (Jayakar Committee) set up by the Government of India, with the objective of Road Development in India. Indian Road Congress works in collaboration with Ministry of Road Transport and Highways (MoRTH). The Director General (Road Development) and Special Secretary, MoRTH, is the Honorary Treasurer of Indian Roads Congress. There are three Apex Committees, which are responsible for formulation and updation of Codes of Practices, Standards and Guidelines, i.e., Highways Specifications and Standards Committee; Bridges Specifications and Standards Committee; and General Specifications and Standards Committee. There are Technical Committees under each Apex Committees. The Director General (Road Development) and Special Secretary, MoRTH; the President and Secretary General of Indian Road Congress are Ex-Officio members of all Technical Committees. 9. In Chapter 1 of IRC:103-2012 'footpath' is defined as a portion of right of way of road used for the movement of pedestrian. Chapter 2 of IRC:103-2012 deals with introduction. As per Para 2.3, all pedestrian facilities ensure social equity. Developing a pedestrian environment means more than laying down a footpath or installing a signal. A truly viable pedestrian system takes into account both the big pictures and smallest details-from how a city is formed and built to what materials are under our feet. Chapter 3 of IRC:103-2012 deals with its scope. As per Para 3.2, the guidelines cover engineering design and planning aspects of pedestrian facilities on roadside and at road crossing in urban and semi-urban areas. As per Para 3.3, the guidelines are intended for use by the local authorities responsible for creating and maintaining semi urban and urban road transport facilities. Chapter 3 of IRC:103-2012 deals with its scope. As per Para 3.2, the guidelines cover engineering design and planning aspects of pedestrian facilities on roadside and at road crossing in urban and semi-urban areas. As per Para 3.3, the guidelines are intended for use by the local authorities responsible for creating and maintaining semi urban and urban road transport facilities. The guidelines are framed to serve the objectives of universal accessibility and social equity for sustainable transportation. As per Para 4.2, efforts should be made to create such conditions that pedestrians are not forced to walk in unsafe circumstances and that the motorists respect the position of pedestrians. As per Para 4.5, the mobility and safety of all pedestrians including those with disabilities and reduced mobility should be ensured to promote inclusive mobility and universal accessibility. As per Para 4.6, regular maintenance of all facilities and design elements should be undertaken to maintain accessibility, reliability, usability, safety and continuity. As per Para 4.7, while planning and designing pedestrian facilities, over all objectivity could be continuity and overall safety. 10. Chapter 5 of IRC:103-2012 deals with pedestrian level of service. As per Para 5.1, pedestrian spaces should be designed in consideration of human convenience and have to be qualitatively suitable to the needs of human beings. 9 parameters affect the quality of service of a footpath out of which 6 are pertaining to physical characteristics of footpath facility, like footpath width, footpath surface, obstruction, encroachment, potential of vehicular conflict and continuity. The 3 user factors are pedestrian volume, security, comfort and walking environment. Para 5.2 of IRC:103-2012 deals with concept of pedestrian level of service; Para 5.3 deals with physical characteristics; and Para 5.4 deals with user characteristics. Para 6 of IRC:103-2012 deals with pedestrian facility design standards. 11. In view of the Guidelines for Pedestrian Facilities formulated by the Indian Roads Congress, vide IRC:103-201, no construction is legally permissible on the 'footpath', which the portion of the right of way of road used for the movement of pedestrians. The construction of the bus shelter in question, after erecting GI pipes in RCC circular foundations in the middle of the footpath will force the pedestrians to walk in unsafe circumstances, which will adversely affect the mobility and safety of all pedestrians including those with disabilities and reduced mobility. The construction of the bus shelter in question, after erecting GI pipes in RCC circular foundations in the middle of the footpath will force the pedestrians to walk in unsafe circumstances, which will adversely affect the mobility and safety of all pedestrians including those with disabilities and reduced mobility. Moreover, in Ext.P24 Government Order dated 03.07.2014, the Government imposed prohibition of unathorised construction of bus shelters along PWD roads. The averments in the statement filed on behalf of the fifth respondent would make it explicitly clear that the construction of the bus shelter in question was done by the public, without any permission from the statutory authorities. In view of the provisions under sub-section (3) of Section 367 of the Kerala Municipality Act, the fourth respondent, who is the Secretary of the 3rd respondent Municipality, should have removed the encroachment on the footpath of the PWD road by the construction of that bus shelter. In such circumstances, this writ petition is disposed of by directing respondents 3 and 4 and also the fifth respondent to take necessary steps to remove the bus shelter constructed on the side of Pattambi-Palakkad PWD road, in front of the petitioner's building (Kairali tower), which is causing obstruction to the passage of pedestrians through that footpath. Necessary steps in this regard shall be taken as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.