Disposed

Anil Kumar N. v. State of Kerala

Kerala HC18 Nov 2020WP(C)/11564/2020

Case brief

AI extract

What is this about?

Restrictions on quarry vehicles were set aside for failure to consult the local authority. The court directed referral of heavy goods traffic regulation to the Traffic Regulatory Committee, with notice and public hearing. Existing interim traffic restrictions continued, and police were directed to maintain law and order pending the committee's decision.

What did the court decide?

Collector's orders set aside; traffic regulation referred to the Traffic Regulatory Committee; interim restrictions continued; police directed to maintain law and order.

Anil Kumar N. Vs State of Kerala — Municipal and Town Planning | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942 W.P.(C) No.31874 OF 2014

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PETITIONER/S:

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M/S.KANNAMTHANAM & CO. MALAYAM P.O., THIRUVANANTHAPURAM., REPRESENTED BY ITS MANAGING PARTNER K.J.THOMASKUTTY

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BY ADVS. SRI.ENOCH DAVID SIMON JOEL SRI.GEORGE A.CHERIAN SRI.PAUL JACOB (P) SRI.RONY JOSE SRI.S.SREEDEV

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM-695 001.

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3 TAHSILDAR NEYYATTINKARA, THIRUVANANTHAPURAM-695 001.

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R1-R2 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2020, ALONG WITH W.P.(C)NO.11564/2020(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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W.P.(C) No.11564 OF 2020(U)

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PETITIONER/S:

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ANIL KUMAR N. AGED 45 YEARS S/O.NARAYANAN NADAR, A.M.NIVAS, PUTTUMPURAM, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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BY ADVS. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, DISTRICT POLICE OFFICE, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

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3 DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695 121.

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4 STATION HOUSE OFFICER, NARUVAMOODU POLICE STATION, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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5 MOHANKUMAR, VAVARATHALAKKAL PUTHAN VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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6	MANOJ KUMAR.V.K., S/O.KRISHNAN NAIR, KRISHNA BHAVAN, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
7	SURENDRA KUMAR, S/O.KARTHIKEYAN, VARUVILAKATHU VEEDU, EDACODE, PALLICHAL VILLAGE, PALLICHAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 020.
8	VENUGOPALAN NAIR, S/O.THANKAPPAN NAIR, JAYA BHAVAN, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
9	RADHABHAI, D/O.VIKRAMAN PILLAI, NANDANAM, KARIKKAKUNNU VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
10	RAMAKRISHNA PILLAI, S/O.MADHAVAN PILLAI, JANAKI MANDIRAM, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
11	KRISHNAKUMAR, S/O.BALAKRISHNA PILLAI, BALA BHAVAN, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
12	ANIL KUMAR, (CHALAPPAN ANI), S/O.VELAPPAN, PUNNAVILA (PULLUVILA) VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
13	RAJENDRAN, S/O.BALAKRISHNA PILLAI, BALA BHAVAN, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.
14	ARUN KUMAR, S/O.SIVARAJAN, VARUVILAKATH PUTHEN VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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15 DEEPU PULLUVILA, FRIENDS BAKERY, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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16 ANIL KUMAR, (CONDUCTOR), MANKOOTTAM, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM-695 020.

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R1-R4 BY GOVERNMENT PLEADER R5-R6, R8-16 BY ADV. SRI.K.P.RAMACHANDRAN R5-R6, R8-16 BY ADV. SRI.B.K.GOPALAKRISHNAN R7 BY ADV. SRI.C.C.ANOOP R7 BY ADV. SRI.BOBY THOMAS

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OTHER PRESENT:

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SMT A.C.VIDHYA - GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2020, ALONG WITH W.P.(C)No.31874/2014(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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JUDGMENT

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Since common issues are raised, these writ petitions are

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heard together and are being disposed of by this common judgment.

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W.P.(c) N o.31874 of 2014:- Th e petitioner, which is a partnership firm represented by its Managing Partner, was conducting quarrying activities in the property having an extent of 2.1065 hectors comprised in Survey Nos.369/1, 370/8, 370/9, 370/12, 370/4-14, 372/16, 372/17, 372/15, 372/28, 374/20 and 370/1 of Pallichal Village in Thiruvananthapuram district. The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 order date d 30.04.2014 , of the 2nd res pondent District Collector, issued in exercise of the powers of the District Magistrate under Section 80 of the Kerala Police Act, 2011 and Ext.P4 order dated 15.05.2014 issued by the said respondent.

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2.1. Going by the averments in the writ petition, the petitioner is conducting quarrying operations on the strength of quarrying lease, consent obtained from the Pollution Control Board, licence issued by the local authority, etc. The petitioner’s quarry is at a place called Mookkunnimala in Thiruvananthapuram

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district. There are several quarries in Mookkunnimala . Road access to Mookkunnimala is through Arikkadamukku-EdakkodeMookkunnimala road, which is having a length of about 2.5 kilometers. The grievance of the petitioner is against Exts.P2 and P4 orders issued by the 2nd respondent District Collector. By Ext.P2 order, the 2^nd respondent, in exercise of his powers under Section 80 of the Kerala Police Act, 2011 prohibited use of all kinds of vehicles for quarrying purposes to the quarry site through Arikkadamukku-Edakkode-Mookkunnimala road, for a period of two weeks. The said order was extended until further orders by Ext.P4 order dated 15.05.2014.

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2.2. On 28.11.2014, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

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2.3. On 01.12.2014, this Court passed an interim order, whereby it was ordered that the petitioner cannot ply vehicles through the aforesaid road between 8.30 a.m. to 10.30 a.m. and 3.30 p.m. to 6.30 p.m. That arrangement was directed to be continued until further orders.

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2.4. A statement has been filed on behalf of the 2^nd responden t. Paragraph 1 and 2 of that statement read thus:

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“1. The writ petition is filed challenging Exhibit P2 and P4 proceedings of the District Collector whereby a prohibitory order under Section 80 of the Kerala Police Act was issued vide Exhibit P2 and extended vide Exhibit P4, prohibiting the vehicles of all kinds used for quarrying purpose to the quarry site through Arikkadamukku-EdakkodeMookkunnimala Road in Pallichal Village in Neyattinkara Taluk. On 28.11.2014 this Hon’ble Court has directed to clarify whether there is any alternate route for transporting raw materials for quarrying purpose to Mookkunnimala. At present the route used for the above purpose is Arikkadamukku-Edakkode-Mookkunnimala road. As the road is congested due to heavy traffic, dilapidated in condition and also in view of the protest from the public, the District Collector, Thiruvananthapuram prohibited the vehicles of all kind used for quarrying purpose, from using the road.

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The Village Officer, Pallichal has informed vide report dated 29.11.2014 that there is indeed an alternate route via, MLA road to Mookkunnimala quarry site. In these circumstances, it is submitted that there is an alternate road which is being used for transportation of all kinds of vehicles to and from Mookkunnimala quarry site.”

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W.P.(c) No.11564 of 2020:- The petitioner, who is the

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registered owner of four t ipper lorries bearing Registration Nos.KL01-BY-378, KL-01-CB-378, KL-62-A-3944 AND KL-01-BS-3780 covered by Exts.P1 to P4 certificates of registration, has filed this writ petition, seeking a writ of mandamus commanding the 4^th respondent Station House Officer of Naruvamoodu Police Station to

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grant adequate and effective Police protection to the lives of petitioner, his family members, his staff and for plying tipper lorries belonging to the petitioner through Arikkadamukku-EdakkodeMookkunnimala road, as permitted in Ext.P6 order dated 01.12.2014 in W.P.(c) No. 31874 of 2014, from the threat and illegal activities of respondents 5 to 16 and their men.

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3.1. In the writ petition, it is averred that the petitioner is eking his livelihood from the rent he receives from plying his tipper lorries, which are mainly used for transporting M-Sand and building materials from the crusher units located near Moo kkunnimala. Respondents 5 to 16, are residents in and around Edakkode, which is a place in between Arikkadamukku and Mookkunnimala. Arikkadamukku-Mookkunnimala road is maintained by the Public Works Depar tment, which is a bus route. Earlier, the 2nd res pondent District Collector issued an order dated 30.04.2014, which was challenged in W.P.(c) No.31874 of 2014, in which this Court passed Ext.P6 interim order, which is still in force. Respondents 5 to 16 are physically obstructing and blocking the vehicles and tipper lorries owned by the petitioner from plying through Arikkadamukku-Mookkunnimala road, w henever it carries building materials. In such circumstances, the petitioner submitted

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Exts.P7 to P9 representations before respondents 2 to 4 and thereafter, moved this writ petition, seeking the aforesaid relief.

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3.2. On 12.06.2020, when this writ petition came up for admission, this court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 4. Notice was ordered to respondents 5 to 16 through speed post.

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3.3. A counter affidavit has been filed by respondents 5 to 6 and 8 to 16, opposing the reliefs sought for in this writ petition.

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3.4. The learned Government Pleader has filed a statement

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on behalf of the 4^th respondent, pursuant to the direction contained in the order of this Court dated 15.09.2010. Paragraphs 1 to 4 of that statement read thus:

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“1. In compliance of the directions issued by this Honourable court, inspection has been carried out a Arikkadamukku-Edakkode-Mookkunnimala road. This statement is filed in the light of statement forwarded by the Inspector of Police, Naruvamoodu Police Station, the 4^th respondent in the writ petition. The said road is having the length of 2 K.M and having the width of average 5 meters. There are number of loops and curves in the road and it is a steep road without footpath hence plying of Tipper Lorries through this road is very dangerous to public, especially school children. There are lot of residents on either sides of the road and an English Medium School, is also functioning.

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It is submitted that there is no obstruction to the

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petitioner for plying his empty lorries through the said road to reach his home or going outside from the parking place, as his residence is located by the side of the said road.

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It is submitted that there is an alternate road to reach the quarries functioning at Mookunnimala and the said road is named as Mottammoodu-Malyalam Road (MLA Road). The total length of this road is 3 K.M and having the width of average 6 meters. At present, the tipper lorries and other vehicles carrying quarry materials are plying through this road having enough width than the other road and is though a less populated area. The condition of this road is comparatively good for transportation than the other road.

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It is respectfully submitted that there is no law and order situation warranting an order of Police Protection to the petitioner.”

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Pursuant to the order of this Court dated 24.09.2020, a

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report dated 06.10.2020 of the Station House Officer, Naruvamoodu Police Station is placed on record, which reads thus:

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“After the enquiry conducted regarding the matter mentioned in W.P.(C)No.11564/2020 it is revealed that, the total length of Arikkadamukku-EdakkodeMookkunnimala road is 2 Kilometers and having the width of the said road is average 5 meters. There are a number of loops and twists and steep roads on this way and there is no foot path on both the sides of the road for the pedestrians. Hence plying of Tipper Lorries on this road is very dangerous to the public and school children because both the sides of this road having a lot of residents and functioning as English Medium School also. At this time

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there is no obstruction to the petitioner for plying his empty Lorries through the said road to reach his home or going outside from the parking place, since the petitioner's residential building is located by the side of the Arikkadamuukku-Edakkode-Mookkunnimala road. There is an alternative way to reach all the quarries functioning at Mookkunnnimala that is named Mottamoodu-Malayalam road also called MLA road. The total length of this road is 3 Kilometers and having the width of average 6 meters. Now all the Tipper Lorries and other vehicles which carrying quarry materials are plying through this road because this road have enough width and less populated area and the condition of this road is comparatively good for plying Tipper Lorries rather than the Arikkadamukku-EdakkoduMookkunnimala road. Presently there are no Law & Order situations in that area. It is also submitted that any direction or orders in this regard from the Honourable Court shall be strictly complied without fail. In the above circumstances, this Honourable Court may be pleased to accept this report in the interest of Justice.”

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Heard the learned counsel for the p etitioner i n the respective writ petitions, the learned Government Pleader appearing for the officials respondents and also the learned counsel for the party respondents in W.P.(C)No. 11564 of 2020.

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The issue that arises for consideration in W.P.(C) No.

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31874 of 2014 i s as to whether Exts.P2 and P4 orders passed by the District Collector in exercise of his powers under Section 80 of the Kerala Police Act, 2011 can be sustained in law.

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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One of the specific contentions raised in W.P.(c) No. 31874 of 2014 is that 2nd respondent District Collector issued Exts.P2 and P4 orders, in exercise of his powers as District Magistrate, under Section 80 of the Kerala Police Act, 2011 without any consultation with the Local Self Government.

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Section 80 of the Act, which deals with the powers of the District Magistrate to make regulations, which reads thus:

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“80. District Magistrate to make regulations.- (1) The District Magistrate may in consultation with the Local Self Government and with the District Police Chief make and notify regulations, from time to time, in any local area, as he deems fit, for the following purposes:-

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(a) preventing any activity, damaging, defiling or destroying of public property, or endangering public hygiene or environment or defiling water bodies and water sources; (b) preventing the dumping of any material in any public place other than at such times and places specified by the competent authority including the Local Self Government;

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(c) controlling the movement, not in conformity with regulations specified in this regard, of any waste or hazardous materials through public streets and to or from houses and buildings on public streets, in order to ensure necessary hygiene;

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(d) regulating the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or human beings, or parts of such carcasses or waste from abattoirs or deadly biological or chemical products;

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

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(e) regulating the construction, repair and demolition of buildings, platforms and other structures which may endanger the users of any street or public place; (f) formulating and regulating the steps for co-ordination among Departments and between the Police and such Departments before undertaking any work on the streets for purposes such as provision for electricity, water, sewage, exchange of information, communication, removal, repairs, advertising, digging, separation etc. in a manner affecting the traffic, prior to commencement of such work so as to enable the Police to make suitable alternative arrangements during the period of such work and to reduce inconvenience caused to the public;

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(g) making arrangements to ensure that owners or occupiers of property, clean and disinfect their respective houses and surroundings and shifting the persons and animals deceased or suspected to be deceased, in order to prevent spreading of epidemic or contagious diseases;

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(h) regulating, in order to prevent obstruction, inconvenience, annoyance, risk, danger, injury etc. to passers-by or to the residents in the vicinity,–

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(i) activities relating to places of public resort;

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(ii) arrangements relating to public safety in streets, public places and buildings in such places ;

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(iii) the blasting of rocks;

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(iv) any construction, repair or maintenance work;

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(v) any commercial activities.

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(2) Every such regulation shall be published at the place where it is to be implemented and all persons concerned shall be liable to comply with the same.”

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9 . As per sub clause (ii) of clause (h) of sub-section 1 of

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Section 80, the District Magistrate may in consultation with the Local Self Government and with the District Police Chief make and notify regulations, from time to time, in any local area, as he deems fit, for regulating, in order to prevent obstruction, inconvenience, annoyance, risk, danger, injury, etc. to passers-by or to the residents in the vicinity, arrangements relating to public safety in streets, public places and buildings in such places.

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10. As discernible from Exts.P2 and P4, it is in exercise of the powers under the sub-clause (ii) of clause (h) of sub-section (1) of Section 80 of the Act that the 2 nd respondent has issued those orders. The fact that before issuing such orders, the local authority concerned was never consulted by the District Magistrate is not in dispute. If that be so, Exts.P2 and P4 orders passed by the 2nd respondent cannot be sustained in law, on account of procedural flaws. Therefore, those orders can only be set aside on that sole ground.

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The further course to be taken in the matter has to be decided with reference to the rival contentions in W.P.(C) No.11564 of 2020, which is one filed by the petitioner therein seeking Police protection to ply his tipper lorries on Arikkadamukku-EdakkoduMookkunnimala road.

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12. Pursuant to the order of this Court dated 15.09.2020 in W.P.(c) No.11564 of 2020, a st atement on behalf of the 4^th respondent is placed on record, in which it is pointed out that plying of tipper lorries through Arikkadamukku-EdakkoduMookkunnimala road is dangerous to the public, esp ecially to school children. That statement was followed by the report dated 06.10.2020 of the 4^th respondent Station House Officer, Naruvamoodu Police Station, in which it is pointed out that both sides of the road are having lot of residential buildings justifying restrictions to be imposed, in order to regulate traffic through that road.

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In the counter affidavit filed by respondents 5 to 6 and 8 and 16, various aspects of the matter, concerning public safety are pointed out.

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Section 72 of the Kerala Police Act, which deals with the Traffic Regulatory Committee , reads thus:

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“ 72. Traffic regulatory committees.- (1) I n every Grama Panchayat, Municipality and Corporation Traffic Regulatory Committees shall be constituted as may be prescribed, for regulating matters in respect of traffic.

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(2) The concerned head of the Local Government institution shall be the Chairman of the Traffic Regulatory Committee and the nominees of the District Magistrate, the District Police Chief, the Regional Transport Officer and the Executive

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Engineer of Public Works Department shall be the members of the said committee.

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(3) The Traffic Regulatory Committee shall issue orders, not inconsistent with the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) and the Kerala Road Safety Act, 2007 (Act 8 of 2007) and the rules made thereunder, for preventing danger, obstruction and inconvenience caused to the general public in respect of traffic in the following matters. Such orders issued shall be complied with by the Government Departments concerned, the officers and the general public, namely:-

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(a) regulate the manner and time of traffic of all kinds in public places;

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(b) regulate the gateways, festoons, banners, hoardings, signs, representations, illuminated displays, construction activity, trade, welding, environmental pollution, nuisance by noise, blasting of rocks, mining, bursting of crackers, flying of kites and fireworks etc. seen in any property in the manner having the possibility of distracting attention of the public road users or causing danger to them;

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(c) regulate the manner and mode of conveyance of timber, poles, ladders, iron girders, beams, iron bars, boilers, hay, soil and articles difficult in handling, etc. along the streets;

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(d) regulate the carrying of any explosive substances or hazardous chemicals along public places which may cause danger to road users;

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(e) close certain streets or instruct that no one shall enter in certain places under circumstances that there is reasonable apprehension of danger from buildings which are on the verge of collapse or due to other reasons;

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(f) regulate the manner and means of entry from streets

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and public places to private buildings and places situated on the road side;

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(g) fix the manner in which the members of the general public may voluntarily assist in traffic management without causing any financial liability in that respect to the State or the Police Department.

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(4) Subject to the approval of the Traffic Regulatory Committee, the District Police Chief may issue orders on the above matters and such orders shall be submitted before the concerned Traffic Regularity Committee within seven days.

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(5) The orders submitted in such manner shall be considered by the Traffic Regulatory Committee and appropriate decision shall be taken thereon: Provided that the orders issued by the District Police Chief shall remain in force until a decision is taken by the Traffic Regulatory Committee.

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(6) A District Level Traffic Regulatory Committee shall be constituted, in the manner prescribed by the Government, for coordinating the activities of the Traffic Regulatory Committees in a District and to establish traffic regulations for the district as a whole in the above matters.”

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A reading of the provisions under clause (a) of subsection (3) of Section 72 of the Act make it explicitly clear that the Traffic Regulatory Committee constituted for local authority concerned consisting of the members as enumerated in sub-section (2) of Section 72 has ample power to regulate the manner and the time of traffic of all kinds in public places. Various powers have been conferred on the Traffic Regulatory Committee which can pass appropriate orders, regulate the manner and time of traffic in any

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public road after complying with the requirements of Section 72.

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Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that a decision by the Traffic Regulatory Committee, taking into consideration the various aspects of the matter, as pointed out by both sides, is the only way in which permanent solution can be brought for the grievance highlighted by the party respondents, who are the local residents in that locality. 17. The District Collector is having a nominee in the Traffic Regulatory Committee o f Pallichal Grama Panchayat, in view of the provisions under sub-section (2) of Section 72 of the Kerala Police Act. Therefore, it is for the 2^nd respondent District Collector in W.P. (C) N o.31874 of 2014 to take necessary steps to ensure that the issue raised in these writ petitions regarding use of Arikkadamukku-Edakkodu-Mookkunnimala road for transportation of heavy vehicles carrying building materials is placed before the Traffic Regulatory Committee, in order to take an appropriate decision in the manner in which traffic has to be regulated, taking into consideration the various aspects of the matter. The District Collector shall take necessary steps to place this matter before the Traffic Regulatory Committee, within a period of two weeks from

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the date of receipt of a certified copy of this judgment. On the matter being placed, the Traffic Regulatory Committee shall consider the same, and take an appropriate decision, strictly in accordance with the provisions under Section 72 of the Act after conducting public hearing, etc. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a further period of two months. Till such orders are passed, the interim order date d 01.12.2014 in W.P.(C) No. 31874 of 2014, shall continue to be in force.

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In the result, W.P.(C) No.31874 of 2014 is disposed of by setting aside Exts.P2 and P4 orders for the aforesaid reason and by directing the District Collector to place the matter relating to regulation of transportation of heavy goods vehicles carrying building materials through Arikkadamukku-EdakkoduMookkunnimala road before the Traffic Regulatory Committee, within a period of two weeks from the date of receipt of a certified copy of this judgment and Traffic Regulatory Committee shall consider the same, and pass appropriate orders, strictly in accordance with the provisions under Section 72 of the Act. W.P.(c) No .11564 of 2020 is disposed of by directing the 4^th respondent Station House Officer, to see that law and order is maintained in

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the locality, pending decision by the Traffic Regulatory Committee. Individual notices shall be issued to the petitioner in these writ petitions and also to the party respondents, before the Traffic Regulatory Committee takes a decision on the matter. It would be open to both sides to submit their written submission before the Traffic Regulatory Committee, once a meeting is convened for considering the matter.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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MIN

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APPENDIX OF WP(C) 31874/2014

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DTD 1.4.2014 IN WPC 8672/2014 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P2 TRUE COPY OF THE ORDER DTD 30.4.2014 AND NUMBERED AS B7.37203/09 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DTD 27.5.2014 IN WPC NO.12193/2014 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF THE ORDER DTD 15.5.2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGEMENT DTD 12.11.2014 IN R.P 826/2014 IN WPC 12193/2014 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE JUDGEMENT DTD 12.11.2014 IN WPC 12193/2014 ON THE FILES OF THIS HON'BLE COURT.

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APPENDIX OF WP(C) 11564/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF REGISTRATION CERTIFICATE OF KL-01-BY-378 DATED 04.07.2016.
EXHIBIT P2	TRUE COPY OF REGISTRATION CERTIFICATE OF KL-01-CB-378 DATED 03.04.2017.
EXHIBIT P3	TRUE COPY OF REGISTRATION CERTIFICATE OF KL-62-A-3944 DATED 11.06.2013.
EXHIBIT P4	TRUE COPY OF REGISTRATION CERTIFICATE OF KL-01-BS-3780 DATED 15.12.2014.
EXHIBIT P5	TRUE COPY OF THE CERTIFICATE DATED 06.03.2018 ISSUED BY ASSISTANT ENGINEER, PWD, ROADS SECTION, NEYYATTINKARA.
EXHIBIT P6	TRUE COPY OF THE ORDER IN WPC NO.31874/2014 DATED 01/12/2014 OF THIS HON'BLE COURT.
EXHIBIT P7	TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.05.2020.
EXHIBIT P8	TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20.05.2020.
EXHIBIT P9	TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.05.2020.

¶161

RESPONDENT'S/S EXH	IBITS:
EXHIBIT R12 A	TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 22.08.2014 IN WP.C NO 8672/2014 OF THIS HONOURABLE COURT.
EXHIBIT R12 B	TRUE PHOTOSTAT COPY OF THE ORDER DATED
	30.04.2014 OF THE DISTRICT MAGISTRATE, THIRUVANANTHAPURAM

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W. P.(C) Nos.31874 OF 2014 & 11564 OF 2020

¶163

¶164

EXHIBIT R12 C PHOTOGRAPH OF SMT. AMBIKA DEVI, THE NEARBY INHABITANT, EVIDENDING THAT SHE IS BED RIDDEN AND UNDER OXYGEN THERAPY(DOMICILIARY) WITH TWO OXYGEN CYLINDERS EXHIBITR12 D TRUE PHOTOSTAT COPY OF THE MEDICAL CERTIFICATE DATED 24.10.2018 ISSUED TO SMT. ABKIKA DEVI CERTIFYING THAT SHE IS SUFFERING FROM SCLERODERMA, MCID AND INTESTINAL LUNG DISEASE AND NEEDS PROLONGED OXYGEN THERAPY (DEMOCILIARY) FOR HER SURVIVAL. EXHIBITR12 E TRUE PHOTOSTAT COPY OF THE NEWS PUBLISHED ABOUT THE PATHETICAL LIFE OF SMT.AMBIKA DEVI IN MALAYALA MANORAMA DAILY DATED 04.09.2019.

Anil Kumar N. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Kumar N. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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