Kerala High Court
Aboobacker K.A vs Joint Regional Transport Officer on 15 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 15th day of November 2024 / 24th Karthika, 1946
WP(C) NO. 13238 OF 2022(D)
PETITIONERS:
1. ABOOBACKER K.A., AGED 55 YEARS KAROTHUKUDI, MUDICKAL P.O.,
PERUMBAVOOR, MOLUDUPURA, ERNAKULAM-683 547.
2. ASAD.E.M., ELAVUMKUDY HOUSE, MARAMPILLY P.O., PERUMBAVOOR,
ERNAKULAM, PIN-683 105.
3. RAJESH.P.R., PEEDIKAKKUDIYIL, KEEZHILLAM P.O., PERUMBAVOOR,
ERNAKULAM, PIN-683 541.
4. VARGHESE P.A. @ ANTONY VARGHESE, POTHEN HOUSE, OKKAL P.O.,
PERUMBAVOOR, ERNAKULAM-683 550.
5. SIDHIKK, THEKEVADAYATH, PONASSERY P.O., PERUMBAVOOR, ERNAKULAM-683
547.
6. NAJEEB.V.S., VELLAKUDI, ALLAPFA P.O., PERUMBAVOOR, ERNAKULAM-683
536.
7. GINU @ THOMAS, MELETHADAM, PEERUMBAVOOR P.O., PERUMBAVOOR,
ERNAKULAM-683 542.
8. RAHEEM, KIDANGASSERY HOUSE, VAZHAKKULAM P.O., PERUMBAVOOR,
ERNAKULAM-683 105.
9. SHAMEER ROSHAN, KALLINGAL HOUSE, MUDICKAL P.O., PERUMBAVOOR,
ERNAKULAM-683 547.
10. MANAF.T.S., THURUTHUMMEL HOUSE, PERUMBAVOOR P.O., PARAPPURAM,
ERNAKULAM-683 547.
11. ABDUL KAREEM.P.S., PUTHENVEETTIL HOUSE, MUDICKAL P.O., PERUMBAVOOR,
ERNAKULAM-683 547.
12. MAHINKUTTY, VATTATHARA HOUSE, MARAMPILLY P.O., PERUMBAVOOR,
ERNAKULAM, PIN-683 105.
13. K.M.UMMER, KOTTAPURATH HOUSE, SREEMOOLANAGARAM P.O., ALUVA,
ERNAKULAM-683 105.
14. NAJEEB.M.A., PANDIYAMOODU HOUSE, PERUMBAVOOR P.O., PERUMBAVOOR,
ERNAKULAM-683 542.
15. NASEEMA.K.A., ALANGAYI HOUSE, ALLAPRA P.O., PERUMBAVOOR,
ERNAKULAM-683 556.
16. DILSHAD ABDUL MAJEED, CHEELAKKATTUPARAMBIL HOUSE, PONJASSERY P.O.,
PERUMBAVOOR, ERNAKULAM-683 547.
17. LATHEEF, CHERUVALLIKUDY HOUSE, RAYONPURAM P.O., PERUMBAVOOR,
ERNAKULAM, PIN-683 543.
18. SUBAIR.M.A., MUNDACKAL HOUSE, MUDICKAL P.O., PERUMBAVOOR,
ERNAKULAM-683 547.
RESPONDENTS:
1. JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL
TRANSPORT OFFICER, IRONGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN-683 548.
2. STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, PERUMBAVOOR-683
542.
3. ADDL.R3: THE DISTRICT MAGISTRATE ERNAKULAM
4. ADDL.R4: THE REGIONAL TRANSPORT OFFICER, ERNAKULAM
5. ADDL.R5: THE CITY POLICE COMMISSIONER, KOCHI. ADDL. R3 TO R5 ARE
IMPLEADED AS PER ORDER DATED 17.06.2022 IN WPC NO. 13238/2022.
6. ADDL.R6: THE ENVIRONMENTAL ENGINEER, KERALA STATEPOLLUTION CONTROL
BOARD, DISTRICT COURT - I, GANDHI NAGAR - 682020 IS SUO MOTO
IMPLEADED AS PER ORDER DATED 17.11.2022 IN WPC NO. 13238/2022.
7. CSML (COCHIN SMART MISSION LILMITED) KALOOR, KOCHI. REPRESENTED BY
CHIEF EXECUTIVE OFFICER.*ADDITIONAL R7 IS SUO MOTO IMPLEADED AS PER
ORDER DATED 03.07.2023 IN WP(C) 13238/2022
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 permit the petitioner to ply the autorickshaws freely and pick
up passengers from any stand in the light of Ext.P2 & P7 judgments of this
honourable court according to the permit conditions, till the disposal of
the Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Judgment
dated 31.05.2022 in WP(C) 13238/2022 and this court's order dated
09.02.2024 and upon hearing the arguments of M/S.P.M.SANEER & P.A.SHAJI
SAMAD, Advocates for the petitioners, SENIOR GOVERNMENT PLEADER for
Respondents 1, 2, 4 & 5, SRI.T.NAVEEN, STANDING COUNSEL for Additional R6,
SRI. K.JAJU BABU(SENIOR) & SMT. VIJAYALAKSHMI M.U., Advocate for
Additional 7th respondent and of SRI.E.K.NANDAKUMAR, AMICUS CURIAE
assisted by SRI.JAI MOHAN, the court passed the following:
AMIT RAWAL, J.
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WP(C) No.13238 of 2022
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Dated this the 15th day of November, 2024
ORDER
1. In pursuance of the order dated 01.12.2023 giving slew of
directions, the State has filed an affidavit on 22.03.2024. Amicus
curiae informs the court that despite taking stringent action, the
public transport buses both private and Government are not adhering
to the directions issued by this court much less strict action taken by
the Police regarding cancellation of the driving impounding and drive
for sensitizing the drivers giving the road sense and to ply the
vehicles strictly as per traffic rules are wanting. Though an attempt
was made to issue do's and dont's while plying the vehicles, there is
need of more wide publicity in the shape of F.M.Radio, T.V.Channels
and local news papers.
2. Direction are issued to the City Police Commissioner to
comply with the aforementioned directions and file fresh status
report of follow up action in terms of the contents of paragraph No.6
of the affidavit (supra). City Police Commissioner is also directed to
take stern action against the drivers or owners of the trucks
or container lorry not to park the vehicles on the side of the
roads from starting and end of the container road,
particularly near the Decathlon when the traffic has to join
with main high-way. It is seen that many vehicles are
parked on the left side and litter is also being thrown on the
ground without there being any litter box. Let the status
report of compliance of order be filed before next date of
hearing and ensure that the order is complied forthwith.
3. The Government shall also consider coming out
with a campaign on 'no honking days' in order to sensitize
the people as to how harmful noise pollution is to the health.
Post this matter on further consideration on
13.12.2024.
Sd/-
AMIT RAWAL, JUDGE
nak
15-11-2024 /True Copy/ Assistant Registrar
