Work on disposal of seized/abandoned vehicles causing traffic accidents and public nuisance. Court directs State to finalize a disposal scheme within four weeks. Writ petitions disposed.
Directs the State to finalize the Scheme for disposal of seized and abandoned vehicles within four weeks and with the order the writ petitions stand disposed of.
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 THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
WP(C).No. 24734 of 2017
PETITIONER(S):
DR.K.A.SEETHI 'RACHANA', HOUSING COLONY ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
SRI. H. PRAVEEN SMT.T.V.NEEMA SRI.T.S.NEJIMUDDIN
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695001.
3. SECRETARY TO THE GOVERNMENT
4. SECRETARY TO GOVERNMENT
5. THE DIRECTOR OF HEALTH SERVICES
6. THE DIRECTOR GENERAL OF POLICE (N/C) KERALA, THIRUVANANTHAPURAM-695001.
7. THE DISTRICT COLLECTOR
8. THE DISTRICT SUPERINTENDENT OF POLICE
9. THE DISTRICT MEDICAL OFFICER, HEALTH MALAPPURAM-676505.
10. THE SUB COLLECTOR PERINTHALMANNA-679322.
W.P.(C).NO.24734/2017
11. PERINTHALMANNA MUNICIPALITY REPRESENTED BY ITS SECRETARY, PERINTHALMANNA, MALAPPURAM DISTRICT-679322.
R1-R10 BY ADV. SRI.K.V.SOHAN, STATE ATTORNEY R BY SRI.P.C.SASIDHARAN, SC, PERINTHALMANNA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2018 ALONG WITH W.P.(C).NO.25102/2017 AND W.P.(C).NO.35252/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24734 of 2017 (S)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE DETAILS ABOUT MAJOR DISEASES CAUSED BY MOSQUITOES DOWNLOADED FROM THE NET.
EXHIBIT P2: TRUE COPY OF DEFINITION OF DENGUE FEVER AND ITS ROOT CAUSE DOWNLOADED FROM THE NET.
EXHIBIT P3: TRUE COPY OF THE NEWS ITEMS REPORTED IN INDIAN EXPRESS, KOCHI EDITION DT. 13-7-2017.
EXHIBIT P4: TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT SITUATION IN SOME AREAS OF MALAPPURAM DISTRICT ESPECIALLY PERINTHALMANNA MUNICIPALITY.
EXHIBIT P5: TRUE COPY OF THE FEW PHOTOGRAPHS TO SHOW THE STORING OF WATER ON THE VEHICLES PARKED/DUMPED ON PUBLIC PLACES.
EXHIBIT P6: TRUE COPY OF THE REPRESENTATION DATED 14-7-2017 FILED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.
EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 14-7-2017 FILED BY THE PETITIONER BEFORE THE 8TH RESPONDENT.
EXHIBIT P8: TRUE COPY OF THE REPRESENTATION DATED 14-7-2017 FILED BY THE PETITIONER BEFORE THE 9TH RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE REPRESENTATION DATED 14-7-2017 FILED BY THE PETITIONER BEFORE THE 10TH RESPONDENT.
EXHIBIT P10: TRUE COPY OF THE REPRESENTATION DATED 14-7-2017 FILED BY THE PETITIONER BEFORE THE 11TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 5-1-2009.
EXHIBIT P12 TRUE COPY OF THE GO(RT)3792/2010/HOME DATED 20-12-2010.
EXHIBIT P13 TRUE COPY OF THE GO(MS)223/2012/FIN DATED 17-4-2012.
EXHIBIT P14 TRUE COPY OF THE GO(RT)5740/13/FIN. DATED 11-7-2013.
EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED BY THE ADDITIONAL D.G.P. DATED 9-5-2013.
RESPONDENTS EXHIBITS:
ANNEXURE R1(A): COPY OF THE PROPOSED GOVERNMENT ORDER.
//TRUE COPY//
P.S. TO JUDGE
HRISHIKESH ROY, AG.C.J. &
A.K. JAYASANKARAN NAMBIAR, J.
W.P.(C).NOS.24734, 25102 & 35252 OF 2017 ----------------------------------Dated this the 6th day of July, 2018
J U D G M E N T
Hrishikesh Roy, Ag.C.J.
Heard Sri. K. Mohanakannan, the learned counsel for the petitioner and Sri. P.C. Sasidharan, the learned Standing counsel for the 11th respondent Municipality in the W.P.(C).No.24734 of 2017, Smt. K. Nandini, the learned counsel for the petitioner in W.P.(C).No.25102 of 2017 as also Sri. Mahesh V. Ramakrishnan, the learned counsel for the petitioners in W.P.(C).No.35252 of 2017. The official respondents in all these writ petitions are represented by the learned State Attorney Sri. K.V. Sohan.
W.P.(C).NOS.24734, 25102
& 35252 OF 2017
2
the proposed Scheme. Apart from the measures incorporated in the Annexure R1(a), the petitioners have also forwarded their own suggestions to be incorporated in the Scheme, and the learned State Attorney submits that all such suggestions will be taken into account before the preparation of the final Scheme, for disposal of the seized and abandoned vehicles.
With the above order, the writ petitions stand disposed of.
Sd/-
HRISHIKESH ROY ACTING CHIEF JUSTICE
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
prp/7/7/18
Dr. K.A. Seethi 'Rachana'
State of Kerala Represented by Chief Secretary to Government
Perinthalmanna Municipality Represented by Its Secretary
Hrishikesh Roy
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
