Shibu vs The Revenue Divisional Officer
2021 Latest Caselaw 11379 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                      WP(C).No.26319 OF 2020(L)

PETITIONER:

               SHIBU
               AGED 41 YEARS
               S/O. ABUBACKER KUNJ, MUNNAS HOUSE, VANDAKAL ROAD,
               UZHAMAKKAL VILLAGE, THIRUVANANTHAPURAM,
               KERALA-695542.

               BY ADVS.
               SRI.E.ADITHYAN
               SRI.THEJAN RAJ

RESPONDENTS:

      1        THE REVENUE DIVISIONAL OFFICER,
               1ST FLOOR, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM,
               KERALA-695043.

      2        UZHAMALAKKAL GRAMA PANCHAYAT,
               REPRESENTED BY ITS SECRETARY, AYYAPPANKUZHI-
               KURIYATHI ROAD, P.O. AYYAPPANKUZHI, PARUTHIKKUZHY,
               UZHAMALAKKAL, KERALA-695541.

      3        KERALA STATE POLLUTION CONTROL BOARD,
               REPRESENTED BY ITS ENVIRONMENTAL ENGINEER,
               TC 12/96(4,5), PLAMOODU, PATTOM P.O.,
               THIRUVANANTHAPURAM-695004.

      4        THE DISTRICT COLLECTOR,
               CIVIL STATION WARD, 2ND FLOOR, CIVIL STATION
               BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM,
               KERALA-695043.

      5        DIRECTOR OF HEALTH SERVICES,
               THIRUVANANTHAPURAM, KERALA-695035.

      6        THE SECRETARY TO GOVERNMENT,
               PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, KERALA-695035.

      7        REGIONAL TRANSPORT OFFICE,
               NEDUMANGADU, NEDUMANGADU TOWN ROAD, NEDUMANGADU,
               KERALA, THIRUVANANTHAPURAM-695541.
 WP(C).No.26319 OF 2020(L)             -2-

      8      STATION HOUSE OFFICER,
             ARAYANADU POLICE STATION, ARYANAD,
             THIRUVANANTHAPURAM, KERALA-695542.

      9      KERALA PUBLIC WORKS DEPARTMENT,
             LMS VELLAYAMBALAM ROAD, MUSEUM P.O.,
             THIRUVANANTHAPURAM, KERALA-695033, REPRESENTED BY
             THE CHIEF ENGINEER.

             R2   BY   ADV.   SRI.M.R.ANANDAKUTTAN
             R2   BY   ADV.   SMT.M.A.ZOHRA
             R2   BY   ADV.   SRI.MAHESH ANANDAKUTTAN
             R2   BY   ADV.   SMT.SHREEJI R. NAIR
                  BY   ADV.   SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                 W. P. (C) No.26319 of 2020
            ==================
             Dated this the 8th day of April, 2021

                              JUDGMENT

The Government of Kerala has issued a

notification dated 29th September 2015 restricting

the operation of goods vehicles having loading

capacity of more than ten tonnes from roads having

a width of less than six metres. Relevant portion

of the notification reads thus:-

"NOW THEREFORE, in exercise of powers conferred by section 115 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Government of Kerala hereby prohibit the operation of goods vehicles having loading capacity of more than 10 tonnes from roads having width less than 6 metres and direct that appropriate traffic signs shall be erected under section 116 of the said Act, at all suitable places all over Kerala to bring the above prohibition to public notice."

2. The petitioner seeks for is implementation

of the same by the second respondent. The W. P. (C) No.26319 of 2020

petitioner is aggrieved by the plying of tipper

lorries through Pulimood-Eravoor road situated by

the side of the petitioner's residence, causing

huge pollution.

3. If the petitioner submits a representation

before the second respondent pointing out his

grievance, the same shall be considered and

appropriate steps taken by the second respondent.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.26319 OF 2020(L)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ADHAAR CARD SHOWING THE RESIDENCE ADDRESS TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION BEFORE THE ASSISTANT ENGINEER, PUBLIC WELFARE DEPARTMENT ON 11/09/2020.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 15/09/2020 ISSUED BY THE ASSISTANT ENGINEER PUBLIC WELFARE DEPARTMENT TO THE STATION HOUSE OFFICER ARYANADU, TRIVANDRUM.

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 03/10/2020 OF THE STATION HOUSE OFFICER ARYANADU, TRIVANDRUM TO EXHIBIT P3 LETTER FORWARDED FROM THE ASSISTANT ENGINEER, PUBLIC WELFARE DAPARTMENT.

EXHIBIT P5 TRUE COPY OF THE RTI PETITION UNDER SECTION 6(1) BEFORE THE PUBLIC INFORMATION DEPARTMENT ARYANAD ON 13/09/2020.

EXHIBIT P6 TRUE COPY OF THE REPLY TO THE RTI PETITION UNDER SECTION 6(1) BEFORE THE PUBLIC INFORMATION DEPARTMENT ARYANAD ON 13/09/2020 DATED 27/10/2020.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION FORWARDED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 23/10/2020.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION ISSUED B Y THE GOVERNMENT OF KERALA, TRANSPORT DEPARTMENT DATED 29TH SEPTEMBER 2015 RESTRICITNG THE OPERATION OF GOODS VEHICLES HAVING LOADING CAPCITY MORE THATN 10 GONS FROM ROADS HAVING WIDTH LESS THAN 6 METERS

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