Kerala High Court
Vijayan vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
RP.No.95 OF 2021 IN WP(C)No.32062/2019
AGAINST THE JUDGMENT IN WP(C)No.32062/2019(G) DATED
08.01.2021 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN W.P.(C):
VIJAYAN,
AGED 62 YEARS,
S/O. RAMANKUTTY,
KOKKALLIL HOUSE, UROOB NAGAR,
PONNANI, MALAPPURAM - 679 577
BY ADVS.
SRI.P.B.KRISHNAN
SRI.SABU GEORGE
SRI.P.B.SUBRAMANYAN
RESPONDENTS/RESPONDENTS IN W.P.(C):
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
AGRICULTURE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-1
2 DISTRICT COLLECTOR,
CIVIL STATION ROAD,
UPHILL, MALAPPURAM-676 505
3 THE REVENUE DIVISIONAL OFFICER,
TIRUR-THRIKANDIYOOR RD, TIRUR,
MALAPPURAM-676 101
4 THE TAHASILDAR,
TALUK OFFICE, OLD NH 17,
PONNANI, MALAPPURAM-679 577
5 THE ASSISTANT DIRECTOR OF AGRICULTURAL,
THAVANUR, EDAPPAL P.O,
MALAPPURAM-679 576
RP No.95/2021 in WP(C) No.32062/2019
:2 :
6 CONSTRUCTION ENGINEER,
OFFICE OF THE CONSTRUCTION ENGINEER,
THE KERALA LAND DEVELOPMENT CORPORATION
LIMITED, THRISSUR-680 020
7 PUTHU KOLE COMMITTEE,
REPRESENTED BY ITS SECRETARY
SRI. MOHANAN, S/O. VELU,
AGED 50 YEARS, MANJAKKATTU HOUSE,
KOLOLAMB, EDAPPAL, MALAPPURAM-679 576
R7 BY ADV. SRI.C.M.MOHAMMED IQUABAL
R1-5 BY GOVERNMENT PLEADER SMT DEEPA NARAYANAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
08.02.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.95/2021 in WP(C) No.32062/2019
:3 :
ORDER
~~~~~~
Dated this the 8th day of February, 2021
By judgment dated 08.01.2021, W.P.(C)
No.32062/2019 was allowed with the following directions:-
"Therefore, in the conspectus of the facts and
circumstances of the case, the petitioner is entitled to
relief. Ext.P12 order of the 3rd respondent is therefore
set aside. It is declared that the petitioner will be
entitled to ply three-wheelers with less than 3 tonnes
total weight, through the bund, for transportation of
agricultural produces and implements."
2. By the said judgment, the petitioner was permitted
to ply three-wheelers with less than 3 tonnes total weight
through the bund road.
3. This review petition has been filed seeking to
modify or clarify the judgment so as to enable the petitioner to
use four-wheelers also with less than 3 tonnes weight.
According to the petitioner, denial of permission to use four-
RP No.95/2021 in WP(C) No.32062/2019
wheelers to limited weight will put the petitioner to grave
difficulties.
4. Heard.
5. The writ petition was heard and disposed of after
hearing the parties and perusing the documents. The review
petition seeking modification of the order, does not indicate
any error apparent on the face of the records.
In such circumstances, the review petition is not
maintainable and it is accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/08.02.2021
RP No.95/2021 in WP(C) No.32062/2019
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED
08-01-2021 IN WP(C) NO.32062 OF 2019
ANNEXURE B TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF A THREE WHEELER
VEHICLE WITH REGISTRATION KL-54-K-7507
ANNEXURE C TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF A FOUR WHEELER VEHICLE
(LMV GOODS CARRIAGE) WITH REGISTRATION
KL-54-D-3157)
ANNEXURE D TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF A FOUR WHEELER VEHICLE
(LMV GOODS CARRIAGE) WITH REGISTRATION
KL-54-C-6119
ANNEXURE E TRUE COPY OF THE PRINT OUT OF
WIKIPEDIA INFORMATION REGARDING THE
SPECIFICATIONS OF TATA ACE VEHICLE
OBTAINED ONLINE
SR
