Citation : 2024 Latest Caselaw 6092 Ker
Judgement Date : 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 23RD DAY OF FEBRUARY 2024/4TH PHALGUNA, 1945
WP(C) NO. 3853 OF 2024
PETITIONER:
MURALEEDHARAN P.V.
AGED 52 YEARS, POOPULLY HOUSE,
POOTHANUR P.O., PALAKKAD DISTRICT,
PIN - 678 592.
BY ADVS.
LEO LUKOSE
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
KAROL MATHEWS SEBASTIAN ALENCHERRY
DERICK MATHAI SAJI
KARAN SCARIA ABRAHAM
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD,
PIN - 678 013.
2 THE DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE,
YAKKARA ROAD, NEAR KSRTC BUS STAND,
PALAKKAD, PIN - 678 014.
3 THE DIRECTOR OF MINING & GEOLOGY,
DIRECTORATE OF MINING & GEOLOGY,
PATTOM P.O, THIRUVANANTHAPURAM,
PIN - 695 004.
4 THE GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
T.B.ROAD, PALAKKAD, PIN - 678 014.
W.P.(C) No.3853 of 2024
:2:
5 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
KENATHUPARAMBU, KUNTHURMEDU,
PALAKKAD, PIN - 678 001.
*6 ADDL.R6.
REGIONAL TRANSPORT OFFICER (ENFORCEMENT)
REGIONAL TRANSPORT OFFICE (ENFORCEMENT),
BSNL BUILDING, KOOTTUPATHA JN,
CHANDRA NAGAR P.O., PALAKKAD
PIN - 678 007.
[REGIONAL TRANSPORT OFFICER (ENFORCEMENT)
REGIONAL TRANSPORT OFFICE (ENFORCEMENT), BSNL
BUILDING, KOOTTUPATHA JN, CHANDRA NAGAR P.O.,
PALAKKAD, PIN - 678 007 IS IMPLEADED AS ADDL.R6
AS PER ORDER DATED 23.02.2024 IN I.A No.1/2024
IN W.P.(C) No.3853 OF 2024.]
BY
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.3853 of 2024
:3:
JUDGMENT
Dated this the 23rd day of February, 2024
The petitioner is aggrieved by the omission on the
part of the 5th respondent-Regional Transport Officer in
considering Ext.P1 representation, even after one month.
2. The petitioner states that several vehicles from
Tamil Nadu carrying huge quantities of M Sand and other
quarry products are crossing the boarder and coming into
Kerala through Palakkad District and distributing the
materials to various stocking depots. The materials are
brought into the State without any statutorily required permit
and in violation of all laws. They are brought in highly
dilapidated vehicles without any fitness and in extremely
dangerous conditions. Unless the illegality is checked, the
petitioner and other similarly situated persons will be
affected.
3. Government Pleader representing the
respondents submitted that on receipt of Ext.P1
representation, the same has been forwarded to the
additional 6th respondent-Regional Transport Officer
(Enforcement), who is competent to look into the matter.
Taking into consideration the facts of the case and
since Ext.P1 representation has already been forwarded to
the additional 6th respondent-Regional Transport Officer
(Enforcement), the writ petition is disposed of directing the
additional 6th respondent to take appropriate steps as is
found necessary on Ext.P1 representation submitted by the
petitioner. The additional 6th respondent may involve the
District Mining Squad also in action, if situation so warrants.
Sd/-
N.NAGARESH JUDGE AMR
APPENDIX OF WP(C) 3853/2024
PETITIONER'S EXHIBIT
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 20.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
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