Model Village Family Association vs State Of Kerala
2021 Latest Caselaw 19122 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
                         WP(C) NO. 20733 OF 2020(N)
PETITIONER:

     MODEL VILLAGE FAMILY ASSOCIATION, REGISTERED UNDER THE TRAVANCORE
     COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION
     ACT, 1955, WITH REGISTRATION NUMBER ER807/04/204 HAVING ADDRESS AT
     ANJIKATH HOUSE, KAITHAPPADATH PIPE ROAD, VAZHAKKALA THRIKKAKARA
     P.O., VADACODE 682 021 REPRESENTED BY IT GENERAL SECRETARY A.M
     EBRAHIM KUTTY, AGED 51, S/O. MUHAMMED, HAVING ADDRESS AT ANJIKATH
     HOUSE, KAITHAPPADATH PIPE ROAD, VAZHAKKALA THRIKKAKARA P.O.,
     VADACODE 682 021.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO WATER RESOURCES
     DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, PALAYAM,
     THIRUVANANTHAPURAM, KERALA 695 001.
       AND 8 OTHERS


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd Respondent to keep in abeyance fixing of any
cross bars in Pipe Line Road and to remove any obstructions caused upto
3.8 meters until final disposal of this Writ Petition.


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
01.09.2021 and upon hearing the arguments of SRI.P.RAVINDRAN, Senior
Advocate    along    with   SRI.JOLLY     JOHN,   Advocate    for   the
petitioner,    GOVERNMENT PLEADER for R1, R3, R4, R7 and R8          and
of SRI.P.BENJAMIN PAUL, STANDING COUNSEL for R2, the court passed the
following:




                                               p.t.o
      EXHIBIT P1:- TRUE COPY OF THE JUDGMENT DATED 14-02-2020 IN W.P(C)
NO. 30339/2011 RENDERED BY HON'BLE HIGH COURT OF KERALA.
                      P.V.KUNHIKRISHNAN, J
                 ---------------------------------------
                  W.P.(C.) No.20733 of 2020
           ---------------------------------------------------
         Dated this the 13th day of September, 2021


                             ORDER

The specific case of the petitioner is that the direction

in Ext.P1 judgment is not complied by the Water Authority.

According to the petitioner, as per Ext.P1 judgment, this

Court directed the authority to put up cross-bars

permanently, so as to prevent the entry of heavy vehicles at

sufficient height and width, in consultation with the Motor

Vehicles Department, within 3 months.

2. The senior counsel, who appeared for the

petitioner submitted that there is absolutely no consultation

with the Motor Vehicles Department and two cross-bars are

already put up by the Water Authority, flouting the direction

in Ext.P1 judgment.

3. The Standing Counsel for the Water Authority

submitted that he will get definite instructions from the

officer concerned about the contention of the petitioner.

Interim order will stand extended till 20.9.2021.

Post on 20.9.2021.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

13-09-2021 /True Copy/ Assistant Registrar