Citation : 2024 Latest Caselaw 10971 Ker
Judgement Date : 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 39795 OF 2016
PETITIONER:
KUNJUMON
AGED 60 YEARS, S/O OOMMAN, JULI SADANAM, ODANAVATTOM PO,
KOTTARAKARA, KOLLAM DISTRICT.
BY ADV SRI.ALEXANDER GEORGE
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
POOYAPPALLY POLICE STATION, POOYAPPALLY,
KOLLAM DISTRICT - 691 512.
2 VELIYAM GRAMA PANCHAYATH
VELIYAM, KOTTARAKARA, KOLLAM DISTRICT.
REPRESENTED BY ITS SECRETARY-691 512.
3 THE JOINT REGIONAL TRANSPORT OFFICER
KOTTARAKARA - 691 506
BY ADVS.
SRI.RIYAL DEVASSY, GP
SRI. M.R. SASITH - R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39795 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.39795 of 2016
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Dated this the 12th day of April, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"(A) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P3 complaint and allowing the petitioner to continue the approved parking place at Odanavattom junction as Tempo stand.
(B) Issue a writ of mandamus or any other appropriate writ, direction or order, directing first respondent to allow the petitioner and others to continue the approved parking place as their tempo stand.
(C) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the second respondent to consider Ext.P3 complaint WP(C) NO. 39795 OF 2016
submitted by the petitioner within a stipulated time specify by this Hon'ble court.
(D) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents not to evict the petitioner and others from the existing approved parking place at Odanavattom junction for tempo vehicles.
(E) Grant such other relief's that is deemed fit and proper in the circumstances of the case." SIC
2. The main prayer in this writ petition is to
issue direction to the 1st respondent to take
appropriate steps based on Ext.P3 complaint and to
allow the petitioner to continue the approved parking
place at Odanavattom junction.
3. This writ petition is pending before this
Court from 2016 onwards. No interim order is passed
in this case. If there is any surviving grievance to the WP(C) NO. 39795 OF 2016
petitioner, the petitioner can approach the competent
authority among respondents with appropriate
representation, and if such a representation is
received, the competent authority will consider the
same, in accordance with law.
With the above observation, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 39795 OF 2016
APPENDIX OF WP(C) 39795/2016
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, KOTTARAKARA ON 31.5.2016.
EXHIBIT P2 TRUE PHOTOGRAPH OF THE PRESENT PARKING AREA OF THE PETITIONER AND OTHERS.
EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE SECOND
RESPONDENT ON 9.12.2016.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
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