Allowed

Thomson Thomas v. Kanjirappally Grama Panchayat

Kerala HC23 Nov 2016WP(C)/1153/2010

Case brief

AI extract

What is this about?

The petitioner challenged a Panchayat resolution allowing autorikshaw parking in front of his property. The Court, noting a rule violation and the Panchayat's undertaking to shift the stand, set aside the decision.

What did the court decide?

Decision No.2 in Exhibit P3 is set aside to the extent it provides for parking of autorikshaw on the side of the National Highway in front of the petitioner's property.

Thomson Thomas Vs Kanjirappally Grama Panchayat — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

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WP(C).No. 1153 of 2010 (T)

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PETITIONER:

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THOMSON THOMAS, MADUKKAKKUZHY HOUSE,T.B.ROAD,KANJIRAPPALLY, PRESENTLY AT 13001, N.W.I AVENUE,MIAMI,FLORIDA,U.S.A.

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BY ADV. SRI.LIJI.J.VADAKEDOM

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RESPONDENT(S):

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1. KANJIRAPPALLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE GRAMA PANCHAYAT, KANJIRAPPALLY P.O,KOTTAYAM DISTRICT.

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2. ASST.EXECUTIVE ENGINEER, OFFICE OF THE ASST.EXECUTIVE ENGINEER, NATIONAL HIGH WAYS SUB DIVISION,, KANJIRAPPALLY.

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R1 BY ADV. SRI.V.K.SUNIL

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R2 BY SENIOR GOVERNMENT PLEADER SRI SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WPC NO 1153 OF 2010:

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: PHOTOCOPY OF THE TAX RECEIPT SHOWING THE PAYMENT OF TAX BY THE PETITIONER IN RESPECT OF 4.65 ARES OF LAND.

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P2; COPY OF THE PERMISSION GRANTED TO THE PETITIONER FROM THE N H AUTHORITIES.

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P3: PHOTOCOPY OF THE RESOLUTION NO 1 DATED 22.10.2008 OF THE 1ST RESPONDENT-GRAMA PANCHAYAT.

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P4; PHOTOCOPY OF THE PROCEEDINGS OF R.T.A KOTTAYAM DATED 30.7.2009.

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P5: COPY OF THE APPLICATION DATED 30.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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P6; COPY OF THE INFORMATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER IN PURSUANCE OF P2 APPLICATION.

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P7: PHOTOCOPY OF THE REPRESENTATION DATED 25.11.2009 BEFORE THE ASST. EXECUTIVE ENGINEER-2ND RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

P.V.ASHA, J.

W.P.(C) No.1153 of 2010

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Dated this the 23^rd day of November, 2016

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JUDGMENT

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The petitioner challenges the decision of the Panchayat in respect of the parking of autorikshaws as serial No.2 in Ext.P3 taken in the meeting convened on 22.10.2008 by Kanjirappally Grama Panchayat to the extent it allows parking in front of the petitioner's property.

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Learned counsel for the respondent Panchayat admits that allowing of parking on the side of the National Highway is contrary to rules and to the extent it affects the petitioner, they are willing to effect appropriate modifications.

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The learned counsel for the petitioner submits that as per the provisions contained in rule 6 of the Kerala Panchayat Raj (Landing Places, Halting Places, Cart Stands and other Vehicle Stands) Rules 1995 a road or land abutting the road shall not be declared as public halting place or cart stand. It is also pointed out that the Panchayat has not obtained permission from the National Highway Authority for the purpose of providing autorikshaw stand on the side of the national highway.

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Panchayat cannot be permitted to take any decision contrary to

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W.P.(C) No.1153 of 2010

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:2:

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rules. In view of the provisions contained in rule 6 of the aforesaid rules, and in view of the undertaking of the Panchayat to shift the parking stand away from the premises of the petitioner Decision No.2 in Ext.P3 is set aside to the extent it provides for parking of the autorikshaw on the side of the National Highway in front of the property of the petitioner covered by Ext.P1.

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sd/-

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P.V.ASHA JUDGE

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rkc

Thomson Thomas v. Kanjirappally Grama Panchayat

Case brief

What is this about?

What did the court decide?

Thomson Thomas v. Kanjirappally Grama Panchayat

Case brief

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What did the court decide?

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