Nithin Venu vs The Muvattupuzha Muicipality
2024 Latest Caselaw 32018 Ker

Kerala High Court

Nithin Venu vs The Muvattupuzha Muicipality on 7 November, 2024

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W.P.(C) No.3622 of 2017

                                                       2024:KER:82871

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                          WP(C) NO. 3622 OF 2017

PETITIONER:

               NITHIN VENU,
               AGED 31 YEARS, S/O. V.K.VENU,
               VATTAMTHATTAYIL HOUSE,
               MUVATTUPUZHA P.O., 686661.

               BY ADV.
               SRI.SAJEEV KUMAR K.GOPAL

RESPONDENTS:

1              THE MUVATTUPUZHA MUICIPALITY,
               REPRESENTED BY ITS SECRETARY-686 661.
2              THE SECRETARY,
               MUVATTUPUZHA MUNICIPALITY,
               MUVATUZHA-686 661.
3              THE CHAIRPERSON,
               MUVATTUPUZHA MUNICIPALITY,
               MUVATTUPUZHA-686 661.
4              THE REGIONAL TRANSPORT AUTHORITY,
               MUVATTUPUZHA-686 661

               BY ADVS.
               T.R.RAJAN, SC.
               PUBLIC PROSECUTOR


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.3622 of 2017

                                                             2024:KER:82871

                    HARISANKAR V. MENON, J.
            ------------------------------
                     W.P.(C) No.3622 of 2017
            ------------------------------
             Dated this the 7th day of November, 2024

                                JUDGMENT

The petitioner has filed the captioned writ petition,

challenging Ext.P2 decision taken by the committee constituted

by the 3rd respondent with respect to the imposition of one way

in Muvattupuzha town.

2. Heard Sri.Sajeev Kumar K.Gopal, the learned

counsel for the petitioner and Sri.T.R.Rajan, learned Standing

Counsel for the respondent Municipality.

3. In the counter affidavit filed on behalf of respondents

1 to 3, it is pointed out as under;

"The question of making the portion of MC Road which passes through the Muvattupuzha Municipality one way traffic contained in Ext.P2 will be placed before the Traffic Regulatory Committee and only after getting the said authority's approval the same will be implemented."

In the light of the above and the averment in the counter

affidavit, I am of the opinion that this writ petition can be

closed. However, it is also held that any decision to be taken as

2024:KER:82871

above should be with consultation of the Regional Transport

Authority also.

Till such time, the interim order granted by this Court

dated 03.02.2017 would remain in force.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:82871

APPENDIX OF WP(C) 3622/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE MUVATTUPUZHA MUNICIPALITY TO THE PETITIONER VALID FROM 01-04-2016 TO 31- 03-2017.

EXHIBIT P2 TRUE COPY OF THE DECISION TAKEN BY A COMMITTEE UNDER THE LEADERSHIP OF THE THIRD RESPONDENT.