The petitioner, Secretary of Samastha Kerala Sunni Yuvajanasangam, sought a direction regarding a request about unregulated traffic near a Madrassa. The Court dismissed the petition without prejudice, assuming the Panchayat would perform its statutory duties without needing a court direction.
Petition dismissed without prejudice to contentions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931
WP(C).No. 7535 of 2004(V)
PETITIONER(S):
K.T.SAMEER S/O. P.K.ABDURAHIMAN, SECRETARY, "SAMASTHA KERALA SUNNI YUVAJANASANGAM" PUNCHAVAYAL UNIT, MOTTAMMAL P.O., KANNUR DISTRICT.
BY ADV. SRI.A.K.ABDUL AZEEZ
RESPONDENT(S):
R1 BY ADV. A.MOHAMMED MUSTHAQUE
R2, R3 BY GOVT PLEADER SRI.MATHEW VADAKKEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC.7535/04
PETITIONER'S EXHIBITS :
EXT.P1: PHOTOSTAT COPY OF THE PHOTOGRAPH SHOWING THE DANGEROUS SLOPE.
EXT.P2: PHOTOSTAT COPY OF THE REQUEST DATED 13.1.2004.
/TRUE COPY/
THOTTATHIL B.RADHAKRISHNAN, J.
W.P(C).No.7535 OF 2004
Dated this the 8th day of June, 2009
JUDGMENT
Petitioner, the secretary of the organisation Samastha Kerala Sunni Yuvajanasangam, Punchavayal unit, seeks a direction that Ext.P2 be considered. The complaint thereon is about unregulated traffic movements through a road adjacent to which a Madrassa functions. The Panchayat, though has filed a counter affidavit, states that it would look into the representation and do the needful to control speed of the vehicles in front of the Madrassa and the Mosque. That counter affidavit was filed way back in May, 2004. Nothing survives in this writ petition at this point of time since this Court is not inclined to presume that the Panchayat would not carry out its duties and responsibilities in terms of the statutory provisions. The writ petition is dismissed without prejudice to contentions.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge.
kkb.9/6.
1 issue framed by the court
Whether the writ petition seeking direction to consider a request regarding unregulated traffic near a Madrassa requires further adjudication.
K.T.SAMEER
THE DIRECTORATE BOARD, KANNAPURAM PANCHAYATH
THE DEPUTY DIRECTOR OF PANCHAYATH
THE EXECUTIVE ENGINEER, P.W.D.(ROADS DIVISION)
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
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