Kerala High Court
Sumesh Kumar vs Chinnakkanal Grama Panchayath on 8 November, 2024
2024:KER:83300
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8th DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 8737 OF 2024
PETITIONER/S:
SUMESH KUMAR,
AGED 42 YEARS
1 SURENDRA VILASAM, DEVIKULAM P.O., IDUKKI,
PIN - 685613
SATHISH,
AGED 42 YEARS
2 S/O.RAJENDRAN, SEVEN MALAI ESTATE, OLD MUNNAR DIVISION, IDUKKI,
PIN - 685612
BY ADVS.
K.I.MAYANKUTTY MATHER (SR.)
S.PARVATHI
UTHARA ASOKAN
ANAND GEO
RESPONDENT/S:
CHINNAKKANAL GRAMA PANCHAYATH,
REP. BY ITS SECRETARY, CHINNAKKANAL, MUNNAR, IDUKKI,
1
PIN - 685618
THE SECRETARY,
CHINNAKKANAL GRAMA PANCHAYAT, CHINNAKKANAL, MUNNAR, IDUKKI,
2
PIN - 685618
THE SECRETARY,
DISTRICT TOURISM PROMOTION COUNCIL (DTPC), CIVIL STATION, KUILI
3
MALA, IDUKKI, PIN - 685618
JOINT REGIONAL TRANSPORT OFFICE,
MOTOR VEHICLES DEPARTMENT, CIVIL STATION, KUYILIMALA, PINAV POST,
4
IDUKKI, PIN - 685603
5 DISTRICT COLLECTOR,
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WP(C) NO. 8737 OF 2024
2
CIVIL STATION, PAINAV, IDUKKI,
PIN - 685603
REVENUE DIVISIONAL OFFICER,
6 DEVIKULAM CIRCULAR ROAD, DEVIKULAM, PIN - 685613
ADV.K.R PRATHISH (SC)
ADV.PREETHA K.K (SR.GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 8737 OF 2024
3
MOHAMMED NIAS C. P. , J.
.................................................
W. P. (C) No. 8737 OF 2024
.......................................................
Dated this the 08th day of November, 2024
JUDGMENT
The petitioners are stated to be passenger cab drivers of
Munnar town who undertake trips to different tourist spots/centres
in Idukki District, particularly in the Munnar area, including
Kolukkumalai in Suryanelli. They are aggrieved by the decision taken
on 19.03.2022 by the respondents to restrict the entry of passenger
vehicles from areas outside Suryanelli to ply vehicles carrying
tourists to Kolukkumalai.
2. It is submitted by both sides that a decision was taken
through Ext.P1 dated 19.03.2022, concerning the issue and a standard
of operating procedure with respect to Kolukkumalai tourism was
issued as per Ext.P2, which directed the inspection of the documents
pertaining to the travel in the tourist areas, the details regarding
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WP(C) NO. 8737 OF 2024
vehicles, the driver, badge etc.. and also a sticker to be issued by the
Regional Transport Officer to ensure that only such vehicles ply.
3. The stand of the panchayat is that only with respect to those
who comply with condition No.1 of the traffic regulations in Ext.P2
SOP, does the panchayat issue the ID card. The petitioners submitted
that they had preferred Ext.P3 before the District Collector, seeking
permission to ply through the Suryanelli and Kolukkumalai areas. It
is submitted that no decision has been taken on Ext.P3, so far.
4. Accordingly, there will be a direction to the 5 th respondent
District Collector to take up Ext.P3 with notice to the petitioners and
other affected parties, if any, including respondents 1 to 4 and take
appropriate decisions on the same within six weeks from the date of
receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO. 8737 OF 2024
APPENDIX OF WP(C) 8737/2024
PETITIONER EXHIBITS
TRUE COPY OF THE MINUTES OF THE MEETING DATED
19.3.2022 UNDER THE RIGHT TO INFORMATION ACT DATED
Exhibit P1
10.1.2024
TRUE COPY OF THE SOP DRAWN BY THE RESPONDENTS ON
Exhibit P2 10.5.2023
TRUE COPY OF THE REPRESENTATION PUT IN BY THE
PETITIONERS AND OTHER DRIVERS TO THE 5TH RESPONDENT
Exhibit P3
IN THE LAST WEEK OF JANUARY 2024 (DATED NIL)
