JUDGMENT : This writ petition is filed by an organization called Vadakara Municipal Area Auto Rickshaw Thozhilali Co-ordination Committee which is said to be an association of auto rickshaw workers in Vadakara Municipality seeking a writ of certiorari to quash Ext. P2 decision taken by the Regional Transport Authority, Vadakara, the 2nd respondent, in its meeting held on 27.11.2015, whereby the following decision was taken:- “Heard. 3 sets of application for the grand of autorickshaw permit in and around Vatakara Municipality town led by messrs Sri. M P. Purushu, Sri. Vigesh and Sri. Roopesh urged by judgment in WPC No. 27381/2013, WPC No. 13819/2015 and WPC No 29172/2015 respectively have came up for consideration today. The petitioners in WPC No 27381/2013 are not the residence of Vatakara Municipal area. The Court has held that non-consideration of their applications for the operation within the Municipal area for want of the residential address within the said area is unlawful. This RTA has on 05/05/2015 directed the secretary RTA to make a detailed study in consideration with local self Government institution and traffic advised committee. The report has been submitted by the secretary and the same has come up for consideration today. The judgment No. WPC.13819/2015 preferred by Sri. Vigesh and 16 other person directs the RTA to consider the applications within two months. The applicants are of course residents within the municipal town. WPC No.29172 also urges the RTA to consider the application within one month. The applicants being residents of the municipal town. There are two important decision existing in regard to the grant of autorickshaw permits in Vatakara region. (1) RTA, Vatakara on 26/03/2013 decided to grant 1000 permits. There exists a decision of the RTA that autorickshaw permits would be granted only to the residents of the municipal area for operating service within the municipal area. The Secretary RTA was entrusted to fix the norms and criteria for fixing the permits. Applications were invited from applicants having residents in the municipal area and certain number of permits were granted to eligible applicants. Various organizations such as: 1) Vatakara municipal area Autorickshaw Thozhilali coordination Committee 2) Kozhikode District Motor & Engineering Welfare Union (CITU) 3) Revolutionary Motor Thozhilali Union etc. have intervened for and against the grant of permits in an around Vatakara municipal area. Various organizations such as: 1) Vatakara municipal area Autorickshaw Thozhilali coordination Committee 2) Kozhikode District Motor & Engineering Welfare Union (CITU) 3) Revolutionary Motor Thozhilali Union etc. have intervened for and against the grant of permits in an around Vatakara municipal area. They have on several occasions indulged in Dharna, march and such other agitations in front of the RTOffice and obstructed the smooth functioning of the office. A set of applicants who are not residents of municipal area have acceded to the decision of RTA. And they have been deprived of variation of their permits. This authority feels that the discontented applicants and their organizations if any would go on continuing their agitations on untenable and political grounds which are certainly not in public interest. All the circumstances described above were led to by the decisions taken by the RTA, Kozhikode and RTA, Vatakara on various occasions with regard to fixing the sealing in the no. of autorickshaw permits, the RTA seems to have exceeded its jurisdiction as observed by the Hon'ble High Court in WPC No 29216/2014 (Rajesh vs Secretary RTA 2014 KLT 341 ). The said decision of respective RTA's need to be subjected to further review by the RTA so as to consider applications for permits in accordance with law which shall be placed before the next RTA for consideration. In view of the urgency of matter and illegality crept in the decision in fixing the sealing in the no. of permits; 1) Hereby withdraw the condition restrict in the plying of vehicles outside the municipal limits only in the case of petitioners in WP(c) No. 27381/2013, WP(c) No. 13819/2015 and WP(c) No. 29172/2015; 2) Withdrawal of the said conditions would amount to variations of permit which attracts payment of the prescribed fee. The said variation shall be effected in the permit only on payment of prescribed fee along with the prescribed application.” 2. Petitioner has further sought for a writ of mandamus directing the Regional Transport Authority, the Vadakara Municipality and the Circle Inspector of Police, Vadakara Police Station, respondents 2 to 4 to convene a joint meeting to consult for introduction of new auto rickshaw stands within the limits of Vadakara Municipality. 3. The basic facts required for the disposal of the writ petition are as follows:- 4. 3. The basic facts required for the disposal of the writ petition are as follows:- 4. The Regional Transport Authority, Vadakara has taken a decision to grant additional 1000 auto rickshaw permits within the limits of the Vadakara Municipality. Apparently, the decision to grant such auto rickshaw permits to the persons residing within the Municipal area was challenged before this Court in W. P. (C) No. 27381 of 2013 and as per Ext. P1 judgment dated 12.03.2015, the said condition incorporated was struck down and directed the Regional Transport Authority to convene a meeting. 5. It was accordingly that the Regional Transport Authority, the 2nd respondent convened a meeting on 27.11.2015 and after hearing all the parties it was ordered that the condition restricting grant of permit to persons who are residing outside the Municipal area is withdrawn. 6. Therefore, according to the petitioner, the 2nd respondent is taking steps to issue the additional permits in the Vadakara Municipal area, without hearing the Municipal Authority, especially in regard to the parking stands for auto rickshaws. It is also pointed out that the Vadakara Municipality, the 3rd respondent conducted an inspection, and proposed 58 auto stands including the existing 11 auto stands within the jurisdiction of Vadakara Municipality. According to the petitioner, the total number of vehicles permitted to be parked in the auto rickshaw stands was 470, however fact remains the 58 auto stands proposed to be started were not earmarked or notified as per the Motor Vehicles Rules. 7. In the said background it is contended that without notifying the auto stand, the auto rickshaws cannot be parked in the stand because the Circle Inspector of Police, the 4th respondent is taking hasty steps to impose heavy fine for illegal parking in the Municipal area. That apart it is submitted that the Sub Inspector of Police, Vadakara had issued a letter to the Regional Transport Authority stating that there will be severe traffic congestion in the Municipal area because of the issuance of additional auto permits. 8. The sum and substance of the contention advanced by the petitioner is that if additional permits in contemplation of Ext. P2 decision is issued that will materially affect the general public due to the heavy traffic congestion likely to occur within the Municipal limits. These are the basic background facts projected by the petitioner to secure the reliefs specified above. 9. P2 decision is issued that will materially affect the general public due to the heavy traffic congestion likely to occur within the Municipal limits. These are the basic background facts projected by the petitioner to secure the reliefs specified above. 9. The additional 5th respondent who is holding an auto rickshaw permit has filed an affidavit before this Court stating that permits were issued to himself and others by the Regional Transport Authority consequent to the directions contained in Ext. P1 judgment. That apart it is stated that the income generated from the running of auto rickshaws is the livelihood of the drivers and their family and if the relief sought for by the petitioner in the writ petition is granted that would materially affect the fundamental rights guaranteed to the permit holders under Part III of the Constitution of India. 10. I have heard learned counsel for the petitioner Sri. R. Sudhish, learned Government Pleader Sri. Aravind V. Mathew for the officials of the State, Sri. Naveen T., learned counsel for the Vadakara Municipality and Sri. C. R. Sivakumar and Smt. Mini M. Nair, learned counsel for respondents 5 and 6 and perused the pleadings and material on record. 11. The prime aspect to be considered is whether Ext. P2 decision taken by the Regional Transport Authority suffers from any arbitrariness or illegality liable to be interfered with by this Court under Article 226 of the Constitution of India. 12. In fact in Ext. P1 judgment dated 12.03.2015 in W. P. (C) No. 27381 of 2013, learned Single Judge had considered an earlier judgment of this Court in W. P. (C) No. 24688 of 2013 dated 22.12.2013 wherein it was held that the applications submitted by the persons residing outside the city limits cannot be rejected on the ground of their having no residence within the Corporation limits. In fact the said judgment has become final and conclusive; and it was based on the said findings in the judgment that Ext. P1 judgment was rendered by this Court and held that the restriction imposed as far as the non-residents being not entitled to apply, will have to go, however the consideration of the application will be in accordance with law. The proposition of law laid down by this Court in the earlier judgment referred to in Ext. P1 and the directions contained in Ext. The proposition of law laid down by this Court in the earlier judgment referred to in Ext. P1 and the directions contained in Ext. P1 was the foundation for the Regional Transport Authority to arrive at Ext. P2 decision. 13. In my considered opinion, in spite of the various contentions put forth by the petitioner against the grant of additional auto rickshaw permits, petitioner could not point out any provisions of law either under the Kerala Municipality Act, 1994, the Motor Vehicles Act, 1988 or in the Kerala Police Act, 2011 empowering the authorities thereunder to restrict the number of auto rickshaw permits by imposing a condition that the applicants shall be residents within the limits of the Local Self Government Institution concerned. 14. Article 243-W of the Constitution of India deals with the powers, authority and responsibilities of Municipalities, which mandates as follows:- “Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow – (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to— (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in Schedule XII; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in Schedule XII.” 15. In fact the Municipality is endowed with an obligation under Section 472 of the Kerala Municipality Act, 1994 to make provision for public cart stands. Sub-section (1) thereto clearly specifies that a Municipality may, subject to such guidelines as the Government may issue in this behalf, construct or provide public landing places, halting places and cart stands and may levy fees for the use of the same. 16. Explanation thereto makes it explicit that a cart stand shall, for the purposes of the Act, include a bus stand, taxi stand, auto rickshaw stand, lorry stand and stand for other vehicles etc. 17. 16. Explanation thereto makes it explicit that a cart stand shall, for the purposes of the Act, include a bus stand, taxi stand, auto rickshaw stand, lorry stand and stand for other vehicles etc. 17. It is important to note that Section 473 of Act 1994 creates a prohibition of use of public place or sides of public street as cart stand etc. which specifies that where a Municipality has provided a public landing space, halting place or cart stand, the Secretary may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the Municipality of any public place or the sides of any public street, and may in addition to the penalty imposed by or under this Act seize and detain any cart, carriage or vessel plying in disobedience of such prohibition and may release it after obtaining satisfactory guarantee for the due observance of such prohibition. 18. As per section 30 of the Act 1994, powers and responsibilities are imposed upon the Municipality and by virtue of Section 30, First Schedule is constituted. Clause A thereunder deals with the mandatory functions to be discharged by the Municipality. Entry 23 thereto imposes a mandatory function to provide parking space for vehicles and Entry 24 deals with construction of waiting sheds for travellers. 19. Therefore reading together Section 472 and other attendant provisions discussed above, the Municipality has to make provisions for public cart stands. If the Municipality is discharging the said obligation imposed upon the Municipality, the congestion due to parking of auto rickshaws by the side of the public roads, which is the grievance highlighted by the petitioner, can be regulated, controlled and addressed to a large extent. 20. If the Municipality is discharging the said obligation imposed upon the Municipality, the congestion due to parking of auto rickshaws by the side of the public roads, which is the grievance highlighted by the petitioner, can be regulated, controlled and addressed to a large extent. 20. Therefore it can be seen that when Act 1994 is introduced in order to translate the intention of the Parliament consequent to the incorporation of chapter IX-A dealing with municipalities by amending the Constitution, the Municipality has the obligation to discharge its functions so as to protect the interest of the citizens taking into account the fundamental rights guaranteed to the citizens under Part III of the Constitution of India; rather than attempting to make shortcuts to regulate and control the traffic by imposing conditions in the permit which would have severe adverse and negative impact of interference with the livelihood of the citizens protected under Article 19 (1) (g) of the Constitution. 21. The Act 1994 was introduced to provide self governance to the Local Self Government Institutions as envisioned by the framers of the constitution. Section 30(3) obligates the State Government to transfer all institutions, schemes, buildings, other properties, assets and liabilities connected with the matters mentioned in the First Schedule, to the Municipalities concerned. The Municipalities are having large extents of land within its limits. 22. In a welfare State, apart from the commercial and economic interest of the local self government institutions, it has a duty to ensure welfare of its citizens within the limits of the Municipal area. It is a common knowledge that wherever there is a property available to the Municipality within its limits or otherwise, it constructs commercial buildings and leases it out to make money out of it. There's nothing wrong with venturing into any commercial activities. But the Local Self Government Institutions are not at all making any sincere efforts to provide cart stands in order to increase the facilities and convenience to the public, and to avoid traffic congestion consequent to parking facilities provided to autos and taxis by the side of the public roads. 23. This I say also because under the Motor Vehicles Act, 1988 or in the Rules prescribed by the Central and State Governments, there is no prohibition created with regard to the number of permits that can be granted by the statutory authority. 23. This I say also because under the Motor Vehicles Act, 1988 or in the Rules prescribed by the Central and State Governments, there is no prohibition created with regard to the number of permits that can be granted by the statutory authority. However from Section 117 of Act 1988 dealing with parking places and halting stations, it is clear that the State Government or any authority authorized in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessarily for the taking up and setting down of passengers. 24. The 1st proviso thereto inserted as per Act 32 of 2019 makes it clear that the State Government or the authorized authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places; and the 2nd proviso obligates the National Highway Authority to discharge such functions. 25. That apart in the Kerala Police Act 2011, as per Section 72, a Traffic Regulatory Committee is envisaged in order to regulate traffic wherein sufficient and enough duties and obligations are endowed upon the Traffic Regulatory Committee to avoid accidents, for smooth flow of traffic, parking of vehicles etc. 26. So also, Section 14 of the Kerala Road Safety Authority Act, 2007 introduced on and with effect from 13.04.2007 endows powers to the said authority for removal of causes of accidents. On a reading of the said provision it is clear that it is also vested with powers to regulate the entry or exit of any building or premise in the vicinity of a public road if it is likely to cause accidents or causes obstruction to the free flow of traffic or distract the attention or obstruct the vision of the driver of any vehicle; and further the road Safety Commissioner constituted thereunder is vested with powers to direct the person concerned, either by a general or special order, to take such measures to regulate traffic within two months as it considers necessary and such person shall be bound to comply with the direction within such time, as may be specified by the authority. 27. 27. Sub-section (2) of Section 14 further makes it clear that notwithstanding anything contained in sub-section (1), in case of urgency, the Road Safety Commissioner may take such action as may be necessary to prevent accident or obstruction, as the case may be, and recover the cost thereof from the person responsible, in such manner as may be prescribed. 28. On a conjoint reading of the provisions, it is clear that there are enough and more authorities in order to regulate and control the traffic and there are enough and more methods provided under the statutes to avoid the traffic congestion, but fact remains the authorities who are empowered to act in order to regulate, control and ensure free flow of traffic are not taking adequate and sufficient measures and action in accordance with the provisions of the statutes. 29. As I have pointed out above, in a welfare State, the Municipality and the State officials are duty bound to ensure the welfare of the people by providing thrust and importance to the fundamental rights guaranteed to the citizens under Part III of the Constitution of India. 30. Moreover, Articles 38 and 39 of the Constitution of India obligates the Government to promote the welfare of the people of the State by protecting their economic, social and political rights. 31. The issue with respect to the concept of a welfare state is no more, res integra and a reference to some of the judgments of the apex court relevant to the context would enable me to reach a logical conclusion. In Lala Ram v. Union of India [ (2015) 5 SCC 813 ] wherein at paragraph 9, the Hon'ble Apex Court held thus: “Welfare State 9. A welfare state denotes a concept of government, in which the State plays a key role in the protection and promotion of the economic and social well-being of all of its citizens, which may include equitable distribution of wealth and equal opportunities and public responsibilities for all those, who are unable to avail for themselves, minimal provisions for a decent life. It refers to “Greatest good of greatest number and the benefit of all and the happiness of all”. It is important that public weal be the commitment of the State, where the state is a welfare state. It refers to “Greatest good of greatest number and the benefit of all and the happiness of all”. It is important that public weal be the commitment of the State, where the state is a welfare state. A welfare state is under an obligation to prepare plans and devise beneficial schemes for the good of the common people. Thus, the fundamental feature of a Welfare state is social insurance. Antipoverty programmes and a system of personal taxation are examples of certain aspects of a Welfare state. A Welfare state provides State sponsored aid for individuals from the cradle to the grave. However, a welfare state faces basic problems as regards what should be the desirable level of provision of such welfare services by the state, for the reason that equitable provision of resources to finance services over and above the contributions of direct beneficiaries would cause difficulties. A welfare state is one, which seeks to ensure maximum happiness of maximum number of people living within its territory. A welfare state must attempt to provide all facilities for decent living, particularly to the poor, the weak, the old and the disabled i.e. to all those, who admittedly belong to the weaker sections of society. Articles 38 and 39 of the Constitution of India provide that the State must strive to promote the welfare of the people of the state by protecting all their economic, social and political rights. These rights may cover, means of livelihood, health and the general well-being of all sections of people in society, specially those of the young, the old, the women and the relatively weaker sections of the society. These groups generally require special protection measures in almost every set up. The happiness of the people is the ultimate aim of a welfare state, and a welfare state would not qualify as one, unless it strives to achieve the same.” 32. In Senior Divisional Commercial Manager, South Central Railways and Others v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Assn. and Another [ (2016) 3 SCC 582 ], it was held as follows:- “21. In Senior Divisional Commercial Manager, South Central Railways and Others v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Assn. and Another [ (2016) 3 SCC 582 ], it was held as follows:- “21. Before we advert to the contentions in detail, we quote Krishna Iyer, J. from LIC v. D.J. Bahadur, wherein the learned Judge has explained what should be the guiding force for judges when faced with matters pertaining to social justice, as under: 'Law is no cold-blooded craft bound by traditional techniques and formal forceps handed down to us from the Indo-Anglian era but a warm-blooded art, with a break from the past and a tryst with the present, deriving its soul force from the Constitution enacted by the People of India. Law, as Vice President G.S. Pathak used to emphasize in several lectures, is a tool to engineer a peaceful 'civil revolution' one of the components of which is a fair deal to the weaker human sector like the working class. The striking social justice values of the Constitution impact on the interpretation of Indian laws and to forget this essential postulate while relying on foreign erudition is to weaken the vital flame of the Democratic, Socialist Republic of India.' 26. India is a welfare State. Article 38 of the Constitution of India, which is a Directive Principle of State Policy, reads as under: '38. State to secure a social order for the promotion of welfare of the people.-(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.' 27. It is the duty of every welfare state to generate employment. Presently, millions ofyouth of the country are unemployed. The right to livelihood is a part of right to life, as has been held in Olga Tellis (supra). A vast majority of the unemployed population of the country then, is susceptible to being exploited by the rich and the capitalists. It is the duty of every welfare state to generate employment. Presently, millions ofyouth of the country are unemployed. The right to livelihood is a part of right to life, as has been held in Olga Tellis (supra). A vast majority of the unemployed population of the country then, is susceptible to being exploited by the rich and the capitalists. It is the duty of the state, acting through its instrumentalities to ensure that no person in a vulnerable position is exploited. In People’s Union for Democratic Rights v. Union of India, Bhagwati,J. lamenting on the exploitation of the weak and the powerless held as under: '2………The Rule of Law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor too have civil and political rights and the Rule of Law is meant for them also, though today it exists only on paper and not in reality. If the sugar barons and the alcohol kings have the Fundamental Right to carry on their business and to fatten their purses by exploiting the consuming public, have the 'chamars' belonging to the lowest strata of society no Fundamental Right to earn an honest living through their sweat and toil? ………civil and political rights, priceless and invaluable as they are for freedom and democracy, simply do not exist for the vast masses of our people. Large numbers of men, women and children who constitute the bulk of our population are today living a sub-human existence in conditions of abject poverty: utter grinding poverty has broken their back and sapped their moral fibre. They have no faith in the existing social and economic system. What civil and political rights are these poor and deprived sections of humanity going to enforce?” 33. In Consumer Education & Research Centre and Others v. Union of India and Others [ (1995) 3 SCC 42 ], it is held as follows:- “18..........Social justice, equality and dignity of person are corner stones of social democracy. The concept 'social justice' which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development of personality of every citizen. The concept 'social justice' which the Constitution of India engrafted, consists of diverse principles essential for the orderly growth and development of personality of every citizen. "Social justice" is thus an integral part of "justice" in generic sense. Justice is the genus, of which social justice is one of its species. Social justice is a dynamic device to mitigate the sufferings of the poor, weak, Dalits, Tribals and deprived sections of the society and to elevate them to the level of equality to live a life with dignity of person. Social justice is not a simple or single idea of a society but is an essential part of complex social change to relieve the poor etc. from handicaps, penury to ward off distress, and to make their life liveable, for greater good of the society at large. In other words, the aim of social justice is to attain substantial degree of social, economic and political equality, which is the legitimate expectations. Social security, just and humane conditions of work and leisure to workman are part of his meaningful right to life and to achieve self-expression of his personality and to enjoy the life with dignity, the State should provide facilities and opportunities to enable them to reach at least minimum standard of health, economic security and civilised living while sharing according to the capacity, social and cultural heritage.” 34. In Sadhuram Bansal v. Pulin Behari Sarkar [ (1984) 3 SCC 410 ], it was held thus:- “29......There is no ritualistic formula or any magical charm in the concept of social justice. All that it means is that as between two parties if a deal is made with one party without serious detriment to the other, then the Court would lean in favour of the weaker section of the society, Social justice is the recognition of greater good to larger number without deprivation of accrued legal rights of anybody. If such a thing can be done then indeed social justice must prevail over any technical rule. It is in response to the felt necessities of time and situation in order to do greater good to a larger number even though it might detract from some technical rule in favour of a party.” 35. If such a thing can be done then indeed social justice must prevail over any technical rule. It is in response to the felt necessities of time and situation in order to do greater good to a larger number even though it might detract from some technical rule in favour of a party.” 35. The Hon'ble Apex Court had occasion to consider the issue with respect to the problems of parking, in the judgment in M. C. Mehta v. Union of India and Others [ (2019) 10 SCC 614 ] and suggested various means and measures in order to regulate and control traffic. The relevant portion of the judgment is extracted hereunder for brevity and convenience. “4. The Golden Rule is “Love thy neighbour”. Today the social fabric of neighbourhoods is being torn asunder because of fights over this most petty issue of parking of vehicles. Therefore, we feel there is a need to pass a detailed order on a mundane issue like parking because this may impact town planning. Proper parking policies will also lead to less pollution, less crime and a better and more dignified life which every citizen is entitled to under Article 21 of the Constitution of India. 5. Before dealing with the issue of parking, we have to note that there is an abject failure on the part of the government and the authorities to provide adequate public transport to the citizens of the country. Individual vehicles are owned by about 2% of the population. However, this 2% of the population wants to monopolise all the resources and infrastructure with regard to transportation. It is only in the last two decades that cities have moved towards introducing schemes for mass transportation but we still have a long way to go. 6. In this order we shall mainly deal with the issue of parking in residential areas but while dealing with the issue in a holistic manner we shall have to deal with the issue of parking in general. This is necessary because if adequate parking is not provided in transport hubs, institutional areas, commercial areas, etc., the spillover will go to the residential areas. Transport Hubs 7. Wherever there are large transport hubs such as bus depots, railway stations, metro stations, airports, etc. where a large number of people come, there should be adequate facilities for parking. This is necessary because if adequate parking is not provided in transport hubs, institutional areas, commercial areas, etc., the spillover will go to the residential areas. Transport Hubs 7. Wherever there are large transport hubs such as bus depots, railway stations, metro stations, airports, etc. where a large number of people come, there should be adequate facilities for parking. In most of the areas people just want to be dropped off. Therefore, emphasis should be more on “drop and go” arrangements. This aspect should be encouraged by having a very low or no fees for dropoffs and heavy fees for parking vehicles. Parking facilities will have to be provided at transport hubs, especially when we talk of mass rapid transport systems where people will come from peripheral towns to a metropolis like Delhi. Today we have plans on the anvil to introduce Regional Rapid Transit Systems (RRTS) connecting the metropolises in the country with the peripheral towns. Two such RRTS are DelhiMeerut and Delhi Alwar. While planning these the authorities must ensure that adequate parking facilities are available at Alwar, Meerut and other intervening stations. People working in Delhi coming from the suburbs or peripheral towns would take their private transport to these hubs and therefore adequate planning for the same should be made. Institutional Areas 8. Institutional areas can be universities, hospitals, government buildings, courts, etc. When such buildings are planned very little attention is paid to the parking problem. Even when someone addresses these parking issues, normally only the needs of the officials and the employees are addressed. To give an example there are very few courts which have adequate facilities for parking of vehicles by litigants. Similarly, in hospitals almost no space is available for parking of vehicles of the patients or their attendants and the entire parking space is used by doctors, nurses and other hospital staff. Commercial Areas 9. Commercial areas such as commercial malls, cinema halls, market places, corporate offices, vegetable markets, grain markets, etc. have different requirements. In markets where bulk items have to be transported like subji mandis, fruit mandis, etc. there has to be adequate provision for parking of transport vehicles like trucks, tempos, etc. In fact, it is not only parking but other facilities, such as CNG stations, petrol stations, electric charging points, etc. which should be made available within these areas. 10. In markets where bulk items have to be transported like subji mandis, fruit mandis, etc. there has to be adequate provision for parking of transport vehicles like trucks, tempos, etc. In fact, it is not only parking but other facilities, such as CNG stations, petrol stations, electric charging points, etc. which should be made available within these areas. 10. Whether it be a transport hub, an institution or commercial area, each will have its own specific requirements and these have to be addressed by the planners and architects to ensure that adequate arrangement is made for parking of vehicles and the persons visiting these transport hubs, institutions, commercial areas are not forced to park on the roads or in spaces which are not meant for parking. 11. There should be in our view a statutory regime wherein before any person/authority is given permission to build and operate such transport systems, institutions and commercial areas assessment with regard to the needs of parking for the next 25 years at least should be made and parking space should be developed accordingly.” 36. That apart it is observed in the said judgment that it is not as if the Municipal authorities and other authorities are not alike to the problem of parking; however the pace at which they are moving is extremely slow. Various observations are also made thereunder taking into account the ground realities existing in various places. 37. That apart the Apex Court in M. C. Mehta supra had suggested various ways and means in order to provide parking facilities, taking into account the situations prevailing in various Municipal Corporations in Delhi, which would give a clear insight to the respective authorities in the State to curb and tackle the traffic problems faced by the State; it is held as follows:- “23. Parking lots can be of various types and different modules of parking will be required in different areas. Traditionally, parking areas are open pieces of land where the parking areas are marked. A lot of area has to be left for the movement of vehicles. This is the least expensive but also the least efficient way of providing parking. However, this can be a solution in residential areas where the problem of parking is not so acute. Traditionally, parking areas are open pieces of land where the parking areas are marked. A lot of area has to be left for the movement of vehicles. This is the least expensive but also the least efficient way of providing parking. However, this can be a solution in residential areas where the problem of parking is not so acute. If after identification of the requirements of parking as done in the case of Lajpat Nagar by EPCA, sufficient open land can be identified for accommodating all the vehicles. This traditional method may be the solution. 24. The second type of parking is multilevel parking which includes both underground and over ground parking. Underground parking though more expensive to construct, is sometimes better in the longer run especially when colonies are being developed because the land above the parking area can be used as a park. Parks and parking can be effectively combined. This is a concept used in various countries all over the world where there are 2 to 3 or even more levels of underground parking. As far as overground parking is concerned, it is definitely cheaper than underground parking to construct but care should be taken that the number of floors over the ground do not violate the building norms and multilevel parking does not become an eyesore. The problem of both multilevel and underground parking is that, though due to increase of levels more cars can be parked in the same area, a lot of space is wasted for providing access to the vehicles to move in and out of the parking areas. Spiral parking is another effective way of increasing parking space in the same area. The structure for the parking is circular in area and parking is done in concentric circles. 25. If automatic parking is introduced in these multilevel and spiral parkings then the amount of usable area becomes large and the number of vehicles which can be parked in the same area rises exponentially. When automation takes place in spiral parking only the central hub of the parking area is used for the automated lift(s) and that will require at the best the space of two or three vehicles. 26. When automation takes place in spiral parking only the central hub of the parking area is used for the automated lift(s) and that will require at the best the space of two or three vehicles. 26. Open parking or multilevel parking may be useful in residential areas but automated multilevel parking and automated spiral parking is the need of the hour for parking in institutions like hospitals, courts, transport hubs, etc. where the demand for parking of vehicles is very high. 27. Another type of parking is stack parking. This requires no permanent construction. A framestructure is raised and depending on the height of the structure, 2 or 3 cars are parked or ‘stacked’ one above the other by means of automated lifts. This type of parking is also useful in crowded areas and markets where availability of space is less and also where the alternative multi level parking is being constructed but will take a lot of time to be built. 28. Obviously these parking facilities come at a price. They are not cheap to erect and maintain. It is for the authorities to plan out how these parking facilities are to be financed. It is for the State to decide whether it will bear the cost or it wants the users to pay for the parking area. However, one thing is certain. It is the responsibility of the State to ensure that the roads are free and clear, free from parking and that there is reasonably large amount of parking space available to citizens in residential areas, commercial areas, institutional area, transport hubs etc. 29. Modern technology must be used to ensure that parking spaces are utilised to the maximum and for that it is necessary to have Radio Frequency Identification (RFID) tags for all vehicles coupled with the parking guidance and information system in transport hubs, institutions and commercial areas. Parking charges, if any can be paid directly to the parking operator through the RFID tags which will reduce human intervention and corruption. One RFID tag can be used not only to pay parking charges but also at toll barriers etc., wherever vehicles have to pay charges for use of the road or parking space. Payment through RFID tags is automatic and speedy. One RFID tag can be used not only to pay parking charges but also at toll barriers etc., wherever vehicles have to pay charges for use of the road or parking space. Payment through RFID tags is automatic and speedy. Since there is no human intervention there is no dispute and the daily news of persons being beaten up at toll plazas would hopefully go down. For vehicles which are exempt from payment of such toll charges etc., the RFID tags can be programmed accordingly and these vehicles on the basis of RFID tag identification can go through these toll plazas without payment of fees. This will virtually do away with the need of having separate lanes for exempted category vehicles. 30. In any parking facility where more than 100 cars can be parked parking guidance and information systems should be compulsorily used. The number of vacant parking spaces should be clearly identified and displayed prominently on signages outside the institutional/commercial areas as well as outside the parking. The parking guidance system should clearly indicate which entrance/route the motor vehicle users should use to reach the nearest vacant parking. This will help in making parking not only more efficient but also reduce the traffic jams outside the parking area.” 38. Likewise, a Division Bench of this Court had occasion to consider the very same issue on hand in Justin Thomas v. Circle Inspector of Police [2019 (2) KLT Online 2084] and in Nosushad v. State of Kerala [2019 (2) KLT Online 2060]. So also a learned Single Judge of this Court in Gopalan v. Vellangallur Grama Panchayat [ 2021 (2) KLT 539 ] had occasion to consider the issue in regard to the parking of auto rickshaws taking into account the provisions of the Motor Vehicles Act and the provisions of the Kerala Police Act. But fact remains, in spite of the directions given to the statutory authorities, no action is being initiated to translate the true intentions of the statutes referred to above. 39. In my considered opinion, it is high time that the Municipality as well as other statutory authorities rise to the occasion and coordinate themselves to take immediate and effective action to regulate, control and manage the parking of vehicles, especially auto rickshaws, which is a cheap mode of transport to the common man. 39. In my considered opinion, it is high time that the Municipality as well as other statutory authorities rise to the occasion and coordinate themselves to take immediate and effective action to regulate, control and manage the parking of vehicles, especially auto rickshaws, which is a cheap mode of transport to the common man. Instead of developing the infrastructure to tackle the situations by complying with the statutory requirements as deliberated above, the severe issues so rampant and prevalent consequent to the callous negligence of the authorities are suppressed; and attempted to be sorted out through a via media by introducing restrictions interfering with the livelihood of the permit holders is not at all welcoming in a welfare state. In my view such actions are clear interference with the fundamental rights enjoyed by the citizens; and can never be adopted as a feasible method to reduce the traffic congestion and ensure free flow of traffic. To put it differently, the regulation of traffic can never be at the cost of the livelihood of a common man. Therefore in my considered opinion, the petitioner has not made out any case of illegality or arbitrariness or other legal infirmities justifying my interference with Ext. P2 decision taken by the Regional Transport Authority to delete the condition prohibiting any nonresidents of the Municipality to secure a permit to ply auto rickshaws within the city limits. However I have no hesitation to say that it is high time that the State Government, it's departments, and other statutory authorities work in tandem to provide sufficient parking facilities by making use of the technological advancements and other vacant spaces available with the government and the local self government institutions and resolve the menace of traffic congestion.