Petition challenged a Panchayat notice prohibiting heavy vehicle plying. When the petitioner's counsel abandoned the petition, the court dismissed it as not pressed, allowing the Panchayat to enforce its notice.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942
WP(C).No.12675 OF 2020(H)
PETITIONERS:
BY ADV. SMT.M.R.JAYALATHA
RESPONDENTS:
WP(C).No.12675 OF 2020(H)
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AS PER ORDER DATED 28-07-20 IN IA 1/2020.
WP(C).No.12675 OF 2020(H)
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R2-3 BY ADV. SRI.G.SANTHOSH KUMAR (P). R4 BY ADV. GEORGE ZACHARIAH ERUTHICKEL R4-10 BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL
OTHER PRESENT:
M R DHANIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12675 OF 2020(H)
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JUDGMENT
Dated this the 21st day of October 2020
This writ petition is filed challenging Ext.P4 notice issued by the Karukutty Grama Panchayat. By that impugned notice, plying of heavy vehicles have been prohibited through the road mentioned therein. This Court, in this matter, passed interim orders ensuring the safety of pedestrians, children etc.
the petitioner submits that he is not pursuing this writ petition. However, the learned counsel for the additional respondent submits that the order of the Panchayat may be sustained.
order of the Panchayat and the Panchayat is free to enforce the impugned notice in accordance with law.
Accordingly, this writ petition is dismissed as not pressed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR
WP(C).No.12675 OF 2020(H)
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF QUARRYING LEASE DATED 27.12.2017
EXHIBIT P2 A TRUE COPY OF THE GOODS CARRIAGE PERMIT IN RESPECT OF VEHICLE BEARING REGISTRATION NO KL45-B-91113 ISSUED BY THE SUB REGIONAL TRANSPORT OFFICER CHALAKUDY DATED 31.10.2015
EXHIBIT P3 A TRUE COPY OF THE ELECTRONIC MINERAL TRANSIT PASS IN FROM O (C) DATED 11.6.2020
EXHIBIT P4 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 2.6.2020 TO THE PETITIONER EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 15.6.2020 EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF ASSETS REGISTER MAINTAINED BY THE MELOOR GRAMA PANCHAYATH
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 25/10/2016 IN W.P(C)NO.12963/2016
RESPONDENTS EXHIBITS
EXHIBIT R2 (a) TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTRAR MAINTAINED BY THE 2ND RESPONDENT
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WP(C).No.12675 OF 2020(H)
EXHIBIT R2(b) TRUE COPY OF NOTIFICATION ISSUED BY THE TRANSPORT DEPARTMENT, STATE OF KERALA VIDE G.O.(P)No.59/2015/TRAN DATED 29/09/2015.
EXHIBIT R4(a) PHOTOGRAPHS, SHOWING THE HARDSHIPS CAUSED TO THE RESIDENTS OF THE RELEVANT AREA.
EXHIBIT R4(b) PHOTOGRAPHS, SHOWING THE HARDSHIPS CAUSED TO THE RESIDENTS OF THE RELEVANT AREA.
EXHIBIT R4(c) PHOTOGRAPHS, SHOWING THE HARDSHIPS CAUSED TO THE RESIDENTS OF THE RELEVANT AREA.
EXHIBIT R4(d) PHOTOGRAPHS, SHOWING THE HARDSHIPS CAUSED TO THE RESIDENTS OF THE RELEVANT AREA.
ASHOKAN
PRADEEP
AMAL RAJ
VINEESHA
STATE OF KERALA
KARUKUTTY GRAMA PANCHAYAT
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
