Kerala High Court
A.J.Varghese vs State Of Kerala on 29 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.7760/2024 1/4 Order Date : 29-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 29th day of February 2024 / 10th Phalguna, 1945
WP(C) NO. 7760 OF 2024
PETITIONER:
A.J.VARGHESE, AGED 49 YEARS, S/O JACOB, ARAKKAL HOUSE, PAVARATTY
P.O, THRISSUR, PRESIDENT MERCHANT WELFARE SOCIETY, PAVARATTY, PIN -
680507
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, MOTOR VEHICLES
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001
2. DISTRICT COLLECTOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680003
3. REGIONAL TRANSPORT OFFICER, 9/128, MANJULA SHOPPING COMPLEX, EAST
NADA, GURUVAYOOR, THRISSUR, PIN - 680101
4. PAVARATTY GRAMA PANCHYATH, REPRESENTED BY ITS SECRETARY, PAVARATTY
PALUVAL RD, CHITTATTUKARA, THRISSUR DISTRICT, KERALA, PIN - 680507
5. SECRETARY, PAVARATTY GRAMA PANCHAYATH, PAVARATTY GRAMA PANCHAYATH,
PAVARATTY PALUVAL RD, CHITTATTUKARA, THRISSUR DISTRICT, KERALA, PIN
- 680507
6. PRESIDENT, PAVARATTY GRAMA PANCHAYATH, PAVARATTY GRAMA PANCHAYATH,
PAVARATTY PALUVAL RD, CHITTATTUKARA, THRISSUR DISTRICT, KERALA, PIN
- 680507
7. THE TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY ITS CHAIRMAN,
PAVARATTY GRAMA PANCHAYATH, PAVARATTY PALUVAL RD, CHITTATTUKARA,
THRISSUR DISTRICT, KERALA, PIN - 680507
8. STATION HOUSE OFFICER, PAVARATTY POLICE STATION, PAVARATTY,
THRISSUR, PIN - 680507
9. MUJEEB RAHMAN, AGED 35 YEARS, S/O MUHAMMED, NALAKATHELANTHARA HOUSE,
BLANGAD P.O., CHAVAKAD TALUK, THRISSUR DISTRICT, PIN - 680506
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order to stay for all further proceeding
pursuant to Ext P17 decision to park 2 Autorikshaw and direct the
respondents 1 to 4 to implement Ext P4 Judgement in WPC No 23226 of 2017,
pending the consideration of the writ petition, in the interest of
justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SREEHARI INDUKALADHARAN, SETHU NANDAKUMAR, JAYASANKAR K. & D.SMITHA,
WP(C) No.7760/2024 2/4 Order Date : 29-02-2024
Advocates for the petitioner, the court passed the following:
WP(C) No.7760/2024 3/4 Order Date : 29-02-2024
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No.7760 of 2024
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Dated this the 29th day of February, 2024
O R D E R
Admit. Learned Government Pleader takes notice
for respondents 1 to 3 and 8. Learned Standing
Counsel takes notice for respondents 4 to 7. Issue
notice by speed post to the 8th respondent.
Post on 20.03.2024.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/29/02/2024
WP(C) No.7760/2024 4/4 Order Date : 29-02-2024
APPENDIX OF WP(C) 7760/2024
Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 10-12-2014
Exhibit P2 TRUE COPY OF THE REPLY FROM THE 4TH RESPONDENT DATED
30-06-2017
Exhibit P3 A TRUE COPY OF THE LETTER DATED 16-03-2015 ISSUED BY
THE PANCHAYATH TO ASSISTANT COMMISSIONER OF POLICE
Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN W.P.(C) 23226/2017 OF
THIS HON'BLE COURT DATED 19.06.2019
Exhibit P5 A TRUE COPY OF THE AFFIDAVIT FILED BY THE 8TH
RESPONDENT ALONG WITH THE MEMO DATED 17-12-2020
Exhibit P6 A TRUE COPY OF THE JUDGEMENT IN WP(C) 19521 OF 2021 OF
THIS HON'BLE COURT DATED 29.09.2021
Exhibit P7 A TRUE COPY OF THE MINUTES OF MEETING OF THE 7TH
RESPONDENT DATED 27.11.2021
Exhibit P8 A TRUE COPY OF THE COMPLAINT BY THE PETITIONER BEFORE
THE SHO, PAVARATTY POLICE STATION DATED 02-12-2021
ALONG WITH RECEIPT
Exhibit P9 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 9TH
RESPONDENT IN WPC 28152/2021 DATED 15.12.2021
Exhibit P10 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH
RESPONDENT DATED 01.2022 BEFORE THIS HON'BLE COURT
Exhibit P11 A TRUE COPY OF THE JUDGMENT IN W.P.( C ) 28152/2021
DATED 19-01-2022
Exhibit P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE PAVARATTY GRAMA PANCHAYATH DATED
15-03-2022
Exhibit P13 A TRUE COPY OF THE DECISION OF THE 7TH RESPONDENT DATED
18-03-2022
Exhibit P14 A TRUE COPY OF THE JUDGMENT IN W.P.( C ) NO..11669/2011
OF THIS HON'BLE COURT DATED 10-06-2014
Exhibit P15 A TRUE COPY OF THE JUDGMENT IN W.P.( C ) NO.7029/2015
OF THIS HON'BLE COURT DATED 04-06-2015
Exhibit P16 A TRUE COPY OF THE JUDGEMENT IN WPC NO 12796 OF 2022 OF
THIS HON'BLE COURT DATED 10.01.2023
Exhibit P17 A TRUE COPY OF THE MINUTES DATED 25.01.2023 OF THE 7TH
RESPONDENT
Exhibit P18 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER
BEFORE THE 7TH RESPONDENT DATED 25.01.2023
