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Muraleedharan P.V vs The District Collector
2024 Latest Caselaw 6092 Ker

Citation : 2024 Latest Caselaw 6092 Ker
Judgement Date : 23 February, 2024

Kerala High Court

Muraleedharan P.V vs The District Collector on 23 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        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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