Thriveni Granites & Sands vs West Kallada Grama Panchayat
2022 Latest Caselaw 7889 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       WP(C) NO. 20351 OF 2022
PETITIONER:

          THRIVENI GRANITES & SANDS
          AGED 36 YEARS
          AITHOTTUVA, WEST KALLADA P.O.,
          KOLLAM-690521
          REPRESENTED BY ITS MANAGING PARTNER
          SRI. ARUN R.

          BY ADVS.
          RONY JOSE
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          LEO LUKOSE
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL


RESPONDENTS:

    1     WEST KALLADA GRAMA PANCHAYAT
          VILANTHARA P.O, KOLLAM - 690521
          REPRESENTED BY ITS SECRETARY.

    2     SECRETARY
          WEST KALLADA GRAMA PANCHAYAT,
          VILANTHARA P.O, KOLLAM, PIN - 690521

          BY ADV SIJU KAMALASANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20351 OF 2022
                                   2


                          JUDGMENT

Dated this the 29th day of June, 2022

The petitioner, who is conducting a Crusher Unit in West

Kallada Village of Kollam District, has approached this Court

seeking to direct the 2nd respondent to remove the Board

placed at the entrance of the Kadapakuzhi-Valanjavarambu

Panchayat Road from the Kadapuzha-Karalimukku PWD Main

Road restricting the movement of vehicles with load of more

than 10 Tonnes through the Panchayat Road, forthwith.

2. The petitioner states that such a regulation imposed

by the Secretary to the Panchayat affects the fundamental right

of the petitioner. Neither the Secretary to the Panchayat nor the

Grama Panchayat, has power to regulate vehicular traffics on

public roads.

3. Standing Counsel entered appearance and filed a

statement and opposing the writ petition. On behalf of the

respondents, it was submitted that the general public made WP(C) NO.20351 OF 2022

complaints against plying of heavy vehicles through the road in

question, which causes damage to the road and is creating

traffic issues affecting the general public. In such

circumstances, an inspection of the road was conducted at the

behest of the Panchayat and it was decided that heavy vehicles

only upto a load of 8.2 Tonnes can ply through the roads. The

decision of the Municipality is in the best interest of the general

public. Therefore, the writ petition is liable to be dismissed,

contended the Standing Counsel for the respondents.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

5. The question whether a Panchayat authority can

prohibit transport of heavy vehicles through Public Road came

up for consideration before this Court in Jimmichan Mathew

v. State of Kerala [2022 (1) KLT 373]. Considering the legal

positions, this Court held as follows:- WP(C) NO.20351 OF 2022

"12. Having considered the contentions on both sides and the documents produced and the judgments relied on, I am of the opinion that the power to prohibit vehicular traffic is specifically granted to the Government or person authorised by the Government, as per Section 115 of the M.V. Act. There is no power available to the Panchayat either under S.166 or under Section 170 of the Act which overrides the power of the Government under Section 115, and empowers the Panchayat to control the traffic. The specific power available under Section 170 is to maintain the roads and keep it free from garbage, sewerage and other waste materials. Section 166 on the other hand is general is nature and only identifies the areas where power can be exercised. There again, there is no power available to control traffic. When there is a specific provision available authorising the control of traffic by the State Government or such persons authorised by the Government to prohibit traffic, and the manner of exercise of such power is also laid down, the Panchayat cannot assume such a power relying on the power available to maintain roads. I find that the contention of the petitioners is fully justified In the above circumstances, I hold that Ext.P10 resolution is bad in law for want of authority and is hence ultra vires the Act. As such, there is no necessity to relegate the petitioners to the alternate remedy of appeal or approaching the Government against the resolution."

The law laid down in the afore judgment is squarely applicable

to the respondents also.

In the circumstances, the writ petition is allowed.

Consequently, there will be a direction to the 2nd respondent to

remove the Board placed at the entrance of the Kadapakuzhi-

Valanjavarambu Panchayat Road from the Kadapuzha- WP(C) NO.20351 OF 2022

Karalimukku PWD Main Road restricting the movement of

vehicles with load of more than 10 Tonnes.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20351 OF 2022

APPENDIX OF WP(C) 20351/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE DTD. 20.09.2021 VALID TILL 19.09.2026 ISSUED BY THE GEOLOGIST. Exhibit P1(a) TRUE COPY OF THE DEALER'S LICENSE DATED 20.09.2021 VALID TILL 19.09.2022 ISSUED BY THE GEOLOGIST.

Exhibit P1(b) TRUE COPY OF THE CONSENT DTD. 10.09.2021 VALID TILL 30.06.2026 ISSUED BY THE POLLUTION CONTROL BOARD.

Exhibit P1(c) TRUE COPY OF THE D&O LICENSE DTD.

05.04.2022 VALID TILL 31.03.2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P1(d) TRUE COPY OF THE LICENSE VALID TILL 31.12.2025 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS.

Exhibit P2 TRUE PHOTOGRAPH SHOWING THE BOARD PLACED AT THE ENTRANCE OF THE KADAPAKUZHI-

VALANJAVARAMBU PANCHAYAT ROAD FROM THE KADAPUZHA-KARALIMUKKU PWD MAIN ROAD.

Exhibit P3         TRUE COPY OF THE NOTIFICATION BEARING
                   G.O.(P)     NO.    59/2015/TRAN      DATED

29.09.2015 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 25.10.2016 IN WP(C) NO. 12963/2016 ON THE FILES OF THIS HON'BLE COURT (READABLE COPY IS PRODUCED ALONG WITH). Exhibit P5 TRUE 2 PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE KADAPAKUZHI-VALANJAVARAMBU PANCHAYAT ROAD.

RESPONDENT'S ANNEXURES

Annexure R1(A) TRUE COPY OF THE COMPLAINT DATED 15/01/2021 SUBMITTED BEFORE THE 1ST RESPONDENT WHICH WAS FORWARDED TO THE LSGD ENGINEERING SECTION WP(C) NO.20351 OF 2022

Annexure R1(B) TRUE COPY OF THE REPORT DATED 20/07/2021 SUBMITTED BEFORE THE 2ND RESPONDENT Annexure R1(C) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20/07/20212 ISSUED BY THE PANCHAYATH TO THE PETITIONER Annexure R1(D) TRUE COPY OF THE REPLY DATED 22/07/2021 AND THE ATTACHED MINERAL TRANSIT PASSES SUBMITTED BY THE PETITIONER Annexure R1(E) TRUE COPY OF THE STOP MEMO DATED 14/12/2021 ISSUED BY THE PANCHAYATH TO THE PETITIONER Annexure R1(F) TRUE COPY OF THE LETTER DATED 08/06/2021 SUBMITTED BEFORE THE JOINT RTO,KUNNATTHOOR