Kerala High Court
M.V. Gopi vs State Of Kerala on 17 June, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 27329 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
WP(C) NO. 27329 OF 2024
PETITIONER/S:
M.V. GOPI,
AGED 58 YEARS
MANGADATH HOUSE, KURUVILASSERI.P.O., VALIYAPARAMBU,
THRISSUR DISTRICT, PIN - 680732
BY ADVS.
SRI.V.M.KRISHNAKUMAR
SMT.P.R.REENA
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, MOTOR VEHICLES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 DISTRICT COLLECTOR,
COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT, PIN -
680003
3 DEPUTY DIRECTOR OF PANCHAYATH,
KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN -
680003
4 SUB INSPECTOR OF POLICE,
MALA POLICE STATION, MALA, THRISSUR DISTRICT, PIN -
680732
5 MALA GRAMAPANCHAYATH,
REPRESENTED BY ITS SECRETARY,PANCHAYATH OFFICE,
MALA, THRISSUR DISTRICT, PIN - 680732
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6 M/S THOTTOTH BROTHERS,
KURUVILASSERY, VALIYAPARAMBU, THRISSUR DISTRICT,
REPRESENTED BY ITS MANAGER, PIN - 680733
BY ADVS.
SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SHRI.AKHIL BABU
SMT.KRISHNA DAS
OTHER PRESENT:
SC SRI M H HANI KUMAR SR ADV SRI LAKHSHMI NARAYANAN
SRI.MATHEW B
GP SMT. VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS, J.
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WP(C) NO. 27329 OF 2024
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Dated this the 17th day of June, 2025
JUDGMENT
The writ petition is filed to direct the 5th
respondent to construct a retaining wall of the Panchayat
road, recover the expenses for the construction from the
6th respondent and to restrain the 6 th respondent from
using goods vehicles in violation of Ext.P7 Government
Order.
2. The petitioner contends that, the 6 th respondent
has indiscriminately removed ordinary earth from its
property and has destroyed the lateral support of the
Panchayat road. The property of the 6th respondent is
lying 20 feet lower than the road. Due to the frequent
plying of heavy vehicles through the road to the 6 th
respondent's property, the road is destroyed. Despite
repeated requests being made to the 5th respondent, no
action has been taken in the matter. Therefore, the 5 th
respondent may be directed to construct the retaining
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wall for the road and recover the cost from the 6 th
respondent, and interdict the 6th from using heavy
vehicles in the road.
3. The 6th respondent has filed a counter affidavit
denying the allegations in the writ petition. They have
contended that, they are only using the road to the extent
of less than 50 meters from the main road. No heavy
vehicles are passing through the road to the 6 th
respondent's unit. The soil excavation was done
approximately 30 years back. The allegation that the 6 th
respondent has removed the soil is incorrect. Ext.P7
Government order has been stayed by this Court by
common order-Ext.R6(f). Therefore, there cannot be any
interdiction to ply vehicles to the 6th respondent's unit.
Hence, the writ petition may be dismissed.
4. When the writ petition came up for
consideration on 21.03.2025, this Court passed an interim
order directing the 5th respondent to ensure that the 6th
respondent does not ply any heavy goods vehicle, having
a load capacity of more than 10 tonnes, through the road.
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5. Heard; the learned counsel for the petitioner ,
the learned Government Pleader, the learned Standing
Counsel for the 5th respondent Panchayat and the learned
Senior Counsel appearing for the 6th respondent.
6. The learned counsel for the petitioner submits
that, by judgment dated 21.11.2024 in WP(C)
No.10034/2016, which is one among the cases in
Ext.R6(f) order, this Court has upheld Ext.P7 Government
order. Therefore, as matters stand now, the 6 th
respondent cannot operate heavy vehicles having a
capacity of more than ten tonnes through the Panchayat
road.
7. The learned Senior Counsel for the 6 th
respondent submits that, the 6th respondent is in a
predicament because he is not a party to Ext.R6(f) order
or the judgment in WP(C) No.10034/2016. Nonetheless,
the observations made in Ext.R6(f) order, demonstrates
that there cannot be any interdiction to use heavy
vehicles through the road. The 6th respondent proposes to
challenge the judgment in WP(C) No.10034/2016 as an
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interested person, since he is directly affected by the said
judgment.
8. As matters stand now, there is no dispute that
by the judgment in WP(C) No.10034/2016, Ext.P7
Government Order stands upheld. Therefore, the
interdiction imposed by the interim order dated
21.03.2025 is only to be made absolute subject to any
further modification of the judgment in appeal.
9. With respect to the petitioner's grievance
regarding the non-construction of the retaining wall to
support the road, it is submitted that the 5 th respondent
has already initiated proceedings against the 6 th
respondent to ensure that the road is restored to its
original position. In view of the proceedings already
initiated by the 5th respondent, I do not find any reason to
pass any further order to direct the 5th respondent to take
action against the 6th respondent. It would be upto the 5 th
respondent to bring the said proceedings to its logical
conclusion, in accordance with law and as expeditiously
as possible.
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Accordingly, the writ petition is disposed of, by
making the interim order dated 21.03.2025 absolute and
restraining the 6th respondent and similarly situated
persons from plying goods vehicles having a capacity of
more than ten tonnes through the road of the 5th
respondent. The 5th respondent shall take necessary steps
to finalise the proceedings said to be taken against the
6th respondent, in accordance with law. Needless to
mention that, the right of the 6th respondent to challenge
the judgment in WP(C) No.10034/2016 is left open.
Sd/-
C.S.DIAS, JUDGE
rkc/17.06.25
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APPENDIX OF WP(C) 27329/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER AND ORS BEFORE MALA GRAMA
PANCHAYATH DATED NIL
Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE
PANCHAYATH DATED 06.06.2022
Exhibit P3 TRUE COPY OF THE LETTER SENT BY 2ND
RESPONDENT TO 5TH RESPONDENT IS DATED
15.06.2022
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE 2ND RESPONDENT DATED
01.12.2022
Exhibit P5 TRUE COPY OF THE LETTER SENT BY 2ND
RESPONDENT TO THE 3RD RESPONDENT DATED
08.12.2022
Exhibit P6 TRUE COPY OF THE LETTER DATED 22.01.2024
ISSUED BY 5TH RESPONDENT TO THE
PETITIONER
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER
GO(P).NO 59/2015/TRAN DATED 29.09.2015
RESPONDENT EXHIBITS
Exhibit R 5 [ b ] A true copy of the letter dated
15..6..2022 issued by Secretary of Mala
Grama Panchayath
Exhibit R 5 [ a ] A true copy of the letter issued by the
5th respondent dated 23.9...2022
Exhibit R6(a) True copy of the Consent to operate
renewal issued by the Pollution Control
board dated 14.11.2023 having validity
upto 30.06.2028
Exhibit R6(b) True copy of the License dated 17.02.2021
issued by the Factories and Boilers
having validity upto 31.12.2025
Exhibit R6(c) True copy of the GST Registration
certificate dated 16.07.2018 issued to
Thottoth Brothers
Exhibit R6(d) True copy of the Panchayat license dated
24.04.2024 issued by 5th Respondent
having validity upto 31.03.2025
Exhibit R6(e) True survey plan dated nil prepared by
the Taluk Surveyor showing the Panchayat
road and this respondent property and way
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Exhibit R6(f) True copy of the interim order dated
25.10.2016 in WP(C) 34233 of 2016
