Petitioner challenged an adjudication order under the Kerala Protection of River Banks Rules directing vehicle compensation. The petitioner failed to deposit the interim amount fixed by the Court, warranting dismissal of the writ petition.
The writ petition is dismissed due to the petitioner's non-compliance with the interim order for depositing money.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936
WP(C).No. 9947 of 2013 (P)
PETITIONER:
VIJEESH T.S., AGED 29 YEARS, S/O. SHANMUGHAN, THOTTUVALAPPIL HOUSE, KADAVANADU P.O., PONNANI, MALAPPURAM DISTRICT.
BY ADV. SRI.JOBI JOSE KONDODY
RESPONDENTS:
1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676 505.
2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI SOUTH P.O., MALAPPURAM DISTRICT-679 586.
3. THE TAHSILDAR, PONNANI TALUK OFFICE, PONNANI NAGARAM (PO), MALAPPURAM DISTRICT-679 583.
4. THE PONNANI MUNICIPALITY,
5. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505.
BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WP(C).No. 9947 of 2013 (P)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1- A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICEL BEARING REGISTRATION NO. KL-8-AF-395.
EXHIBIT P2- A TRUE COPY OF THE TOKEN ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER'S VEHICLE.
EXHIBIT P3- A TRUE COPY OF COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, DATED 06-09-2011.
EXHIBIT P4- A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF EXHIBIT P3 BY THE FIFTH RESPONDENT BY THE PETITIONER.
EXHIBIT P5- A TRUE COPY OF THE ORDER DATED 20-07-2012 PASSED BY THE FIRST RESPONDENT.
EXHIBIT P6- A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P7- A TRUE COPY OF THE PHOTOGRAPH OF THE VEHICLE LYING IN THE POLICE STATION.
EXHIBIT P8- A TRUE COPY OF THE FINAL ADJUDICATION ORDER DT. 19-02-2013 PASSED BY THE FIRST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = = Dated this the 17th day of June, 2014
JUDGMENT
The petitioner has come up before this Court challenging Ext.P8 adjudication order passed by the first respondent under Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 directing the petitioner to pay a sum of 1,30,000/- towards the value of the vehicle involved in the₹ accident.
-:2:-
WP(C).9947/13
amount as directed by this Court in the interim order has not been
remitted so far.
As the petitioner has not complied with the interim order passed by this Court, there is no need to proceed with the matter further. Therefore, the Writ Petition is dismissed.
Sd/-
A.V.RAMAKRISHNA PILLAI JUDGE
krj
VIJEESH T.S.
THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM
THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION
THE TAHSILDAR, PONNANI TALUK OFFICE
THE PONNANI MUNICIPALITY
THE SUPERINTENDENT OF POLICE, MALAPPURAM
A.V.RAMAKRISHNA PILLAI
As recorded by the court registry
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