Krishnakumari V.C vs The District Collector
2023 Latest Caselaw 10045 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                       WP(C) NO. 30426 OF 2023
PETITIONER:

          KRISHNAKUMARI V.C
          AGED 49 YEARS
          W/O BALAKRISHNAN NAIR, VELUTHEDATHAYYANTTU, EDANADU
          P.O., PUTHENKAVU, CHENGANNUR. ALAPPUZHA DISTRICT, PIN -
          686574
          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          JOSEPH GEORGE (ALA)
          K.S.SMITHA
          V.R.SANJEEV KUMAR
          BIJOY SAM GEORGE


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN -
          688001
    2     REVENUE DIVISIONAL OFFICER
          MAVELIKKARA KOZHENCHERY ROAD - SH 10, CHENGANNUR,
          ALAPPUZHA DISTRICT, PIN - 689121
    3     JOINT REGIONAL TRANSPORT OFFICER,
          SUB-REGIONAL TRANSPORT OFFICE, GROUND FLOOR, MINI CIVIL
          STATION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
    4     SUB-INSPECTOR OF POLICE
          CHENGANNUR POLICE STATION, CHENGANNUR, ALAPPUZHA
          DISTRICT, PIN - 689121


          ADV.JOBY JOSEPH-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.30426 of 2023
                                      2


                              JUDGMENT

Dated this the 18th day of September, 2023

1. The present writ petition has been filed

under Article 226 of the Constitution of India seeking

a writ in the nature of mandamus commanding the

1st respondent to consider and take a decision on

Ext.P6 request made by the 2nd respondent without

any further delay.

2. The petitioner is the registered owner of a

Tipper Lorry bearing registration No.KL-07E-7972, a

goods carriage vehicle. The said vehicle was seized

by the police on 18.02.2016 on the alleged violation

of the provisions of Kerala Protection of River Banks

and Regulation and Removal of Sand Act. The said

vehicle was released to the petitioner on furnishing

bond. The petitioner had approached the 2 nd

respondent for getting NOC for dismantling the said

vehicle as the vehicle in question was black listed by

the 3rd respondent. The vehicle is not operating as it WP(C) No.30426 of 2023

is not in condition to operate. The 2 nd respondent has

forwarded Ext.P6 application to the 1st respondent for

necessary orders.

3. Considering the said facts and submission

of the learned counsel for the petitioner as well as

the learned Government Pleader, the writ petition is

disposed of with a direction to the 1 st respondent to

take a decision on Ext.P6 application, within a period

of one month from today.

4. With the aforesaid direction, the present

writ petition stands disposed of.

Sd/-

DINESH KUMAR SINGH

JUDGE AP WP(C) No.30426 of 2023

APPENDIX OF WP(C) 30426/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO NO.KL-07E-7972 Exhibit P2 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.12635/2016 ON 31.03.2016 ISSUED BY THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF THE RC STATUS MENTIONED IN EXHIBIT.P1 EVIDENCING BLACKLISTING OF THE VEHICLE BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED 05.10.2019 ISSUED BY THE 4TH RESPONDENT Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE DATED 15.12.2022 ISSUED BY THE 3RD RESPONDENT DEMAND NOTICE FOR RS.28,893/-

Exhibit P6 A TRUE COPY THE REQUEST DATED NIL SUBMITTED DURING MARCH, 2023 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION