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Thressia K.O v. the Revenue Divisional Officer

Kerala HC14 Jan 2021WP(C)/27659/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by the petitioner, a senior citizen, complaining about heavy goods vehicles plying on a private road despite government orders restricting their movement. The order directed the District Collector to consider the submitted representation and take appropriate action within six weeks.

What did the court decide?

Direction to the 4th respondent, District Collector, to consider the representation Ext.P5 and take appropriate action within six weeks.

Thressia K.O Vs the Revenue Divisional… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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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THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

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WP(C).No.27659 OF 2020(F)

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PETITIONERS:

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THRESSIA K.O, AGED 74 YEARS, W/O.LONAPPAN, AKKARA HOUSE, M.G. KAVU P.O., THIROOR, KILLANNUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT680581.

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BY ADVS. SRI.E.ADITHYAN SMT.MEERA RAMESH SRI.AAMIR SOHRAB M.M. SRI.RAHMATHULLAH.M

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RESPONDENTS:

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1 THE REVENUE DIVISIONAL OFFICER, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR, KERALA-680003.

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2 MULAMKUNNATHUKAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MULAMKUNNATHUKAVU POST, MULANGUNNATHUKAVU, THRISSUR680581.

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3 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS ENVIRONMENTAL ENGINEER, TC 12/96(4,5) PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

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4 THE DISTRICT COLLECTOR, CIVIL STATION WARD, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA-680003.

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5 ROAD TRANSPORT OFFICER, CIVIL STATION ROAD, AYYANTHOLE P.O., THRISSUR, KERALA-680003.

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WP(C).No.27659 OF 2020(F)

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6 JAYACHANDRAN, AGED 47 YEARS, S/O. NARAYANAN, UNNIKKATTIL HOUSE, M.G KAVU P.O., THIROOR, KILLANNUR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680581.

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BY ADVS. SRI.T.NAVEEN, SC SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27659 OF 2020(F)

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JUDGMENT

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Pointing out violation of Ext.P2

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order, the petitioner, who is a senior citizen, complains that the vehicles are allowed to ply along a private road, which is less than 4 meters wide and requesting for appropriate action in the light of Ext.P2 order.

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2. It is also pointed out that operation of goods vehicles having loading capacity more than 10 tons on roads having width less than 6 meters are restricted as per Ext.P2 order. It is stated that Ext.P5 representation was submitted before the District Collector and Ext.P4 representation was submitted before the Revenue Divisional Officer on 23.10.2020 and they are not taking any action.

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Therefore the writ petition is

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WP(C).No.27659 OF 2020(F)

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disposed of with a direction to the 4^th respondent to consider the representation Ext.P5 and to take appropriate action in accordance with law, within a period of six weeks from the date of receipt of a copy of

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the judgment. Sd/-

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P.V.ASHA JUDGE

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WP(C).No.27659 OF 2020(F)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY RESIDENCE	OF THE ADDRESS	SALE DEED SHOWING THE OF THE PETITIONER.
EXHIBIT P2	TRUE COPY GOVERNMENT DATED 29/ OF GOODS MORE THAN LESS THAN	OF THE N OF KERA 09/2015 R VEHICLES 10 TONS 6 METERS	OTIFICATION ISSUED BY THE LA, TRANSPORT DEPARTMENT ESTRICTING THE OPERATION HAVING LEADING CAPACITY FROM ROADS HAVING WIDTH .
EXHIBIT P3	TRUE COPY	OF THE P	HOTOS SHOWING THE TRUCKS
	PLYING TH LOADING CA	ROUGH T PACITY M	HE PRIVATE ROAD HAVING ORE THAN 10 TONS.
EXHIBIT P4	TRUE COPY	OF THE	REPRESENTATION FORWARDED
	BY THE P DATED 23/1	ETITIONER 0/2020.	TO THE 1ST RESPONDENT
EXHIBIT P5	TRUE COPY BY THE P DATED 23/1	OF THE ETITIONER 0/2020.	REPRESENTATION FORWARDED TO THE 4TH RESPONDENT

Thressia K.O v. the Revenue Divisional Officer

Case brief

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Thressia K.O v. the Revenue Divisional Officer

Case brief

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