Joy Mathew Kodiattiel vs The District Collector, ...
2022 Latest Caselaw 8346 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                  WP(C) NO. 2004 OF 2016
PETITIONER/S:

    1    JOY MATHEW KODIATTIEL
         S/O.MATHEW, KODIATTIEL HOUSE, THIRVENI ROAD,
         KEEZHILAM, PERUMBAVOOR.
    2    KEEZHILAM - MANARY ROAD ACTION COUNCIL
         KEEZHILAM P.O., ERNAKULAM REPRESENTED BY ITS
         SECRETARY K.JOSEPH, KUZHIPARAMBIL HOSUE,
         KEEZHILAM P.O., PERUMBAVOOR, ERNAKULAM.
    3    GEE VARGHEE DANIEL
         S/O.DANIEL, ARAMBIL THANDIL HOUSE, THIRVENI ROAD,
         KEEZHILAM, PERUMBAVOOR.
    4    BIJU VARGHESE
         S/O.VARGHESE, PALAKATTUMALIL, THIRVENI ROAD,
         KEEZHILAM, PERUMBAVOOR.
         BY ADV SRI.PRASAD CHANDRAN
RESPONDENT/S:

    1    THE DISTRICT COLLECTOR, ERNAKULAM
         CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
    2    THE SECRETARY
         RAYAMANGALAM GRAMA PANCHAYATH, PERUMBAVOOR,
         ERNAKULAM DISTRICT-683 540.
    3    THE RAYAMANGALAM GRAMA PANCHAYATH
         REPRESENTED BY ITS PRESIDENT, RAYAMANGALAM GRAMA
         PANCHAYATH, PERUMBAVOOR, ERNAKULAM DISTRICT-683
         540.
    4    THE EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT, ROAD DIVISION,
         PERUMBAVOOR, ERNAKULAM DISTRICT-683 540.
 ADDL. 5 KERALA TAURUS TIPPER ASSOCIATION,
         REG. NO. TSR/TC/211/2015,
         BUILDING NO. 357A, VIIITH DIVISION,
         191 A, MAVELIPURAM, KAKKANAD
         THRIKKAKARA P.O., KOCHI 682 030
         REPRESENTED BY ITS SECRETARY M. V. ANTONY
         ADDL. R5 IMPLEADED AS PER ORDER DATED 09.02.2016
         IN I. A. NO. 1493 OF 2016.
 W. P. (C) No. 2004 of 2016
                                    -2-

              BY ADVS.
              SRI.BINU PAUL
              SRI.P.THOMAS GEEVERGHESE
              SRI.TONY THOMAS INCHIPARAMBIL
              R1 AND 4 - SRI.K.P.HARISH,SENIOR GOVERNMENT
              PLEADER
              SRI. E.S. SONI


       THIS     WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    01.07.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 2004 of 2016
                                        -3-



                               JUDGMENT

This writ petition is filed by the petitioners seeking the following

reliefs:-

"i) to issue a writ of mandamus directing the respondents 1 & 2 to restrict the operation of heavy goods vehicle having carrying capacity more than 10 tons as per Exhibit P3 Notification in the "Thriveni Road" (Keezhilam- Manary Road) forthwith or within a time limit in the interest of justice;

ii) to issue a writ of mandamus directing the respondents to maintain the "Thriveni Road" (Keezhilam-Manary Road) by doing the tarring work and to properly maintain the road forthwith or within a time limit in the interest of justice."

2. The grievance highlighted by the petitioners is that large

vehicles with more than 10 tonnes of axle weight are being plied

through Thriveni Road connecting Keezhilam and Manary in

Rayamangalam Panchayat.

3. On the basis of the submissions made in the writ petition, this

Court has appointed an Advocate Commissioner and the Advocate W. P. (C) No. 2004 of 2016

Commissioner has submitted Ext. C1 report along with photographs

and other details. It is also reported that severe damages are caused to

the road consequent to plying of heavy vehicles with more than 10

tonnes of axle weight.

4. However, today when the matter is taken up, learned counsel

for the petitioners Sri. Parasad Chandran submitted that the roads were

later repaired and the Panchayat and the District administration is

ensuring that no vehicles are plying in the road with more than 10

tonnes axle weight.

Placing on record the submission of the learned counsel for the

petitioners, writ petition is disposed of.

Sd/-

SHAJI P. CHALY JUDGE Eb

///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 2004 of 2016

APPENDIX OF WP(C) 2004/2016

PETITIONER EXHIBITS EXT.P1. TRUE COPY OF THE NEW ITEM IN MALAYALA MANORAMA DATED 15/12/2015.

EXT.P2. TRUE COPY OF THE INFORMATION UNDER THE RI ACT BY THE 4TH RESPONDENT DATED 7/12/2015. EXT.P3. TRUE COPY OF THE NOTIFICATION DATED 29/11/2015 EXT.P4. TRUE COPY OF THE NEW ITEM IN MALAYALA MANORAMA DATED 5/11/2015.

EXT.P5. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29/12/2015.