Sudhan vs The Nedumbassery Grama Panchayat
2021 Latest Caselaw 12516 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                      THE HONOURABLE SMT. JUSTICE P.V.ASHA

             FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943

                            WP(C) NO. 10185 OF 2021

PETITIONERS:
      SUDHAN, AGED 34 YEARS,
      S/O.SATHYAN, APPANAKUZHI HOUSE, MEKKAD.P.O, THURUTHISSERY, NEDUMBASSERY,
1.
      ERNAKULAM DISTRICT-683 588.

      ASHOK KUMAR, AGED 34 YEARS,
      S/O.KRISHNAPILLA, KRISHNA VILASAM HOUSE, NEDUMBASSERY,
2.
      ERNAKULAM DISTRICT-683 588.

      KUNJAPPAN, AGED 53 YEARS,
      S/O.NARAYANAN, KATTILAPARAMBIL HOUSE, MEKKAD.P.O, THURUTHISSERY,
3.
      NEDUMBASSERY, ERNAKULAM DISTRICT-683 588.

      BY ADV. BINOY VASUDEVAN


RESPONDENTS:
      THE NEDUMBASSERY GRAMA PANCHAYAT,
      REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, NEDUMBASSERY.P.O,
1.
      ERNAKULAM DISTRICT, PIN-683 566.

      THE SECRETARY,
      NEDUMBASSERY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYAT
2.    OFFICE, NEDUMBASSERY.P.O,
      ERNAKULAM DISTRICT, PIN-683 566.

      THE TRAFFIC REGULATORY COMMITTEE FOR
      NEDUMBASSERY GRAMA PANCHAYAT,
3.    REPRESENTED BY THE PRESIDENT OF THE GRAMA PANCHAYAT,
      PANCHAYAT OFFICE, NEDUMBASSERY.P.O,
      ERNAKULAM DISTRICT, PIN-683 566.


THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.05.2021, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10185 OF 2021
                                    2

                            JUDGMENT

The petitioners, who are registered

owners of Autorickshaw, with permit to ply

their vehicle in Ernakulam district are

aggrieved by the inaction on the part of the

respondents on their representations Exts.P7

to P9.

2. It is stated that unless they are

granted permission for parking their

Autorickshaws as requested in their

representations, it would be difficult for

them to eke their livelihood. As at present

they are not permitted to park their vehicle

near Athani, to which place as they belong.

3. I heard the learned Standing Counsel

for the Panchayat, who pointed out that a

joint meeting has to be held in order to take

a decision on the representations and in view

of the present scenario, it would not be WP(C) NO. 10185 OF 2021

possible to convene a meeting immediately.

However, there shall be a direction to

the 3rd respondent Committee to take up the

representations Ext.P7 to P9 and to take

decisions thereon, after affording an

opportunity of hearing to petitioner and other

stake holders and to communicate the same to

petitioners, within a period of three months

from the date of receipt of a copy of the

judgment. Sd/-

P.V.ASHA, JUDGE.

ww WP(C) NO. 10185 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 1ST PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-46-L-1792.

EXHIBIT P2 - TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 1ST PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-46-L-1792 AS EARLY AS ON 13.08.2019.

EXHIBIT P3 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 2ND PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-63G-0490.

EXHIBIT P4 - TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 2ND PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-63G-0490 AS EARLY AS ON 15.06.2019.

EXHIBIT P5 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE 3RD PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-47C-5933.

EXHIBIT P6 - TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF THE 3RD PETITIONER'S VEHICLE BEARING REGISTRATION NO.KL-47C-5933 AS EARLY AS ON 28/02/2020.

EXHIBIT P7 - TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 19/11/2020.

EXHIBIT P8 - TRUE COPY OF THE REQUEST SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ON 19.11.2020.

EXHIBIT P9 - TRUE COPY OF THE REQUEST SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT ON 19.11.2020.

EXHIBIT P10 - TRUE COPY OF THE JUDGMENT DATED 08.04.2021 IN WPC NO.2094 OF 2021.