Hrithvik R vs State Of Kerala
2025 Latest Caselaw 5758 Ker

Kerala High Court

Hrithvik R vs State Of Kerala on 19 August, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) NO. 28027 OF 2024           1                    2025:KER:62623

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

     TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947

                       WP(C) NO. 28027 OF 2024

PETITIONERS:

    1     HRITHVIK R,
          AGED 38 YEARS
          S/O. REGHUNATHAN, SWATHY HOUSE, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    2     REGHUNATHAN ACHARI,
          AGED 72 YEARS
          S/O. NANU ACHARI, SWATHY HOUSE, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    3     PRASANNA KUMAR K.,
          AGED 62 YEARS
          S/O. SARASAMMA, RESIDING AT KUMAR MANDIRAM,
          MARUTHAMONPALLY, POOYAPPALLY P.O., KOTTARAKKARA,
          KOLLAM, PIN - 691537


          BY ADVS.
          SRI.BIJITH S.KHAN
          SHRI.RAVI KRISHNAN
          SMT.ANJU P.




RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE LOCAL SELF GOVERNMENT INSTITUTIONS,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, KOLLAM, PIN - 691001

    3     THE DISTRICT POLICE CHIEF,
          KOLLAM RURAL DISTRICT POLICE HEAD QUARTERS, KOLLAM
 WP(C) NO. 28027 OF 2024        2                   2025:KER:62623

          RURAL, KOTTARAKKARA, PIN - 691506

    4     THE TRAFFIC REGULATORY COMMITTEE,
          POOYAPILLI PANCHAYATH ,KOLLAM - AYUR ROAD, KOLLAM,
          REPRESENTED BY ITS CHAIRMAN, PIN - 691537

    5     THE REGIONAL TRANSPORT OFFICER, KOLLAM,
          NEAR ANANDAVALLEESWARAM TEMPLE,CIVIL STATION,
          ANANDAVALLEESWARAM, KOLLAM, PIN - 691013

    6     THE EXECUTIVE ENGINEER,
          PWD DEPARTMENT,BEACH ROAD, KOLLAM, PIN - 691001

    7     POOYAPILLY GRAMA PANCHAYATH,
          KOLLAM - AYUR ROAD, KOLLAM,REPRESENTED BY ITS
          SECRETARY, PIN - 691537

    8     THE JOINT REGIONAL TRANSPORT OFFICER,
          KOTTARAKKARA, KOLLAM, PIN - 690540

    9     ABI,
          PARANKIMAVILA HOUSE, MARUTHAMANPALLY, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    0     SIBI,
          PARANKIMAVILA HOUSE, MARUTHAMANPALLY, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    11    JIBI,
          PARANKIMAVILA HOUSE, MARUTHAMANPALLY, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    12    PURUSHOTHAMAN,
          ASWATHY BHAVAN, POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM,
          PIN - 691537

    13    JOSE,
          KANIYAMPOYKAYIL, POOYAPPALLY P.O., KOTTARAKKARA,
          KOLLAM, PIN - 691537

    14    JOSE C.,
          MEKKONATH POYKAYIL HOUSE, KATTADY P.O., KOTTARAKKARA,
          KOLLAM, PIN - 691537

    15    SIVADASAN PILLAI,
          MEKKONATH POYKAYIL HOUSE, KATTADY P.O., KOTTARAKKARA,
          KOLLAM, PIN - 691537
 WP(C) NO. 28027 OF 2024           3                 2025:KER:62623


    16    RAHUL,
          POYKAVILA HOUSE, MARUTHAMANPALLY, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    17    RENJITH,
          REKHA BHAVAN, KATTADY P.O., KOTTARAKKARA, KOLLAM, PIN -
          691537

    18    SURESH,
          RAJITHA BHAVAN, PUNALUR, CHEMMANNUR P.O., KOLLAM, PIN -
          691006

    19    SUNIL P.,
          KUNNUVILA HOUSE, KATTADY P.O., KOTTARAKKARA, KOLLAM,
          PIN - 691537

    0     VIJAYAN PILLA,
          ALUVILA HOUSE, KATTADY P.O., KOTTARAKKARA, KOLLAM, PIN
          - 691537

    21    ACHAN KUNJU,
          BIBIN BHAVAN, POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM,
          PIN - 691537

    22    ASHOKAN,
          ANIL BHAVAN, MARTHAMANPALLY, POOYAPPALLY P.O.,
          KOTTARAKKARA, KOLLAM, PIN - 691537

    23    RAMESHAN,
          POONTHOTHATTHIL HOUSE, POOYAPPALLY P.O.,KOTTARAKKARA,
          KOLLAM, PIN - 691537

    24    MATHAIKUTTY M,
          PALLIKIZHAKKETHIL, MARUTHAMNAPILLI, CHENKULAM, KOLLAM,
          PIN - 691510


          BY ADVS.
          SIJU KAMALASANAN, SC, POOYAPPALLY GRAMA PANCHAYATH
          SHRI.K.B.ARUNKUMAR
          SMT.POOJA K.S.

          GP SRI. RIYAL DEVASSY
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28027 OF 2024         4                  2025:KER:62623

                            C.S.DIAS, J.
                ---------------------------------------
                  WP(C) No. 28027 OF 2024
               -----------------------------------------
           Dated this the 19th day of August, 2025

                          JUDGMENT

The learned counsel for the petitioners seeks leave

to withdraw the writ petition, without prejudice to the

right of the petitioners to file a fresh writ petition on the

same cause of action.

Reserving the right of the petitioners, the writ

petition is dismissed as withdrawn.

Sd/-

C.S.DIAS, JUDGE SCB.19.08.25.

WP(C) NO. 28027 OF 2024 5 2025:KER:62623

APPENDIX OF WP(C) 28027/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY POOYAPILLY GRAMA PANCHAYATH TO THE 1ST PETITIONER IN RECEIPT NO. 1230203291/G020602 Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT BY THE 3RD PETITIONER IN RECEIPT NO. KL02041202288/2023 DATED 06.04.2023 Exhibit P3 PHOTO GRAPHS OF THE AUTO RICKSHAWS PARKED IN FRONT OF THE PETITIONERS' HOUSES Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 03.05.2023 SUBMITTED BY THE 1ST PETITIONER Exhibit P5 A TRUE COPY OF THE LETTER DATED 25.05.2023 ISSUED BY RESPONDENT NO. 7 IN NO.

400305/PDCR02/GEN/ 2023/1806(1) AND ITS TYPED CLEAR COPY Exhibit P6 A TRUE COPY OF THE ORDER DATED 10.07.2023 ISSUED BY THE JOINT DIRECTOR OF PANCHAYATH KOLLAM TO RESPONDENT NO. 7 AND ITS TYPED CLEAR COPY Exhibit P7 A TRUE COPY OF THE LETTER DATED 08.09.2023 ISSUED BY RESPONDENT NO. 7 TO PETITIONER NO. 1 IN A1/12/22 Exhibit P8 A TRUE COPY OF THE MINUTES OF THE RESPONDENT NO.4 COMMITTEE DATED 16.09.2023 Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 20.06.2024 IN A32182/2024 ISSUED BY RESPONDENT NO. 7 TO THE 1ST PETITIONER Exhibit 10 A TRUE COPY OF ONE REPRESENTATION PREFERRED BY THE 3RD PETITIONER TO THE 7TH RESPONDENT DATED 01.11.2023 Exhibit P11 PHOTOGRAPHS OF THE AUTO RICKSHAWS NOW PARKED OUTSIDE THE PETITIONERS' HOUSE Exhibit P12 Photographs of the auto rickshaws parked in front of the 3rd petitioner's house and shop taken on 13.01.2025 Exhibit P13 Photographs of the auto rickshaws parked in front of the 1st petitioner's house and shop taken on 11.01.2025 Exhibit P14 A true copy of the complaint dated 28.12.2024 preferred by Petitioner No.1 before Respondent No. 4 (without enclosures) Exhibit P15 A true copy of the complaint dated 28.12.2024 preferred by Petitioner No.3 before WP(C) NO. 28027 OF 2024 6 2025:KER:62623

Respondent No.4 along with its acknowledgement receipt dated 13.01.2025 (without enclosures) Annexure A1 IA PETITION FOR PARTY-IN-PERSON APPEARANCE Annexure A2 NO OBJECTION CERTIFICATE (NOC) FROM ADVOCATE Annexure A3 NO OBJECTION CERTIFICATE (NOC) FROM ADVOCATE RECTIFIED Annexure A4 IA PETITION FOR PARTY-IN-PERSON APPEARANCE Exhibit P16 PHOTOGRAPHIC EVIDENCE SHOWING COMPLETE OBSTRUCTION OF THE FRONTAGE OF PETITIONERS' PROPERTIES BY AUTO DATED 30.06.2025 Exhibit P17 PHOTOGRAPHIC EVIDENCE SHOWING 100% OCCUPATION OF THE PEDESTRIAN PATHWAY BY PARKED AUTO RICKSHAWS AND THERBY FORCING ELDERLY TO WALK IN MIDDLE OF ONGOING TRAFFIC. 28.06.2025 Exhibit P18 PHOTOGRAPHIC EVIDENCE CAPTURING AN AUTO RICKSHAW DRIVER THREATENING AND STRIKING THE PETITIONERS' TWO-WHEELER AND FLEEING. 30.08.2023 Exhibit P19 COMPLAINT FILED AT POOYAPPALLY POLICE STATION FOR STOPPING THE CAR, FORCEFULLY OPENING THE CAR DOOR AND THREATENING AND ABUSING SRI REMADEVI (WIDOWED SENIOR CITIZEN)ON 25.06.2025.

Exhibit P20 LOCATION MAP PREPARED BY PETITIONER NO. 1 SHOWING UNAUTHORIZED AUTO STAND IN RELATION TO PETITIONERS' RESIDENTIAL AND COMMERCIAL PROPERTIES. 10.07.2025 Exhibit P21 COPY OF PANCHAYAT LICENSE ISSUED TO PETITIONER NO. 1 TO RUN BUSINESS IN THE SHOP PREMISES. FOR YEAR 2024-2025 SHOP CLOSED FOR 10 MONTHS Exhibit P22 WRITTEN REPRESENTATION SUBMITTED BY SMT.

REMADEVI TO THE DISTRICT COLLECTORATE REGARDING THE PUBLIC SAFETY ISSUE DATED 05.02.2025.

Exhibit P23 RIGHT TO INFORMATION (RTI) APPLICATION FILED FOR NON RESPONSIVENESS ON 26.03.2025. Exhibit P24 FINAL COMPLAINT SUBMITTED BY SMT. REMADEVI TO COLLECTRATE ON 17.05.2025.

Exhibit P25 COMPLAINT FILED WITH THE SUPERINTENDENT OF POLICE FOR SAFETY CONCERNS ON 02.07.2025.