The issue involved in this writ petition would then
revolve around the question whether an open space in front of
a Shopping Complex, in this case owned by the Municipality,
would be a public place or public space. The Statement filed
by the 3rd respondent-Municipality would clearly indicate that
the open space is intended for parking the vehicles of the
licensees and customers. Though every citizen has a right to
access to the Shops in the building, the open space is
intended for parking of the vehicles of the customers only.
Therefore, such spaces can have a status of semi-public
space only. No organisation or group of citizens can claim a
right to organise Dharna or public meeting in such places,
without the permission of the Municipality. {Para 11}
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) NO. 7181 OF 2023
PRIYESH B KARTHA Vs THE DEPUTY SUPERINTENDENT OF POLICE
PRESENT
MR.JUSTICE N.NAGARESH
