Disposed

Registered Metal Crusher Units Owners Association v. the Transport Commissionr

Kerala HC10 Mar 2021WP(C)/4011/2021

Case brief

AI extract

What is this about?

This writ petition, filed by a registered association of metal crusher units owners, alleged that vehicles carrying granite were being transported over permitted capacity, violating Section 113 of the Motor Vehicles Act and causing revenue loss. After representations were made, the court directed the respondents to ensure strict implementation of the circular dated 18.02.2021 issued in response to

What did the court decide?

Directed the respondents to take effective steps to ensure strict implementation of the circular dated 18.02.2021 and to take primitive measures on breach.

Registered Metal Crusher Units Owners Association… — Environment and Pollution | 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 MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942

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WP(C).No.4011 OF 2021(B)

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PETITIONER:

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REGISTERED METAL CRUSHER UNITS OWNERS ASSOCIATION REPRESENTED BY ITS PRESIDENT, SASEENDRAN VASAVAN, S/O.VASAVAN, KIZHAKKUMKARA HOUSE, THOTTAKKAD, THIRUVANANTHAPURAM, PIN-695605.

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BY ADVS.

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SRI.K.R.VINOD SMT.M.S.LETHA

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RESPONDENTS:

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1 THE TRANSPORT COMMISSIONR TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM, PIN-695014.

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2 THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM, PIN-695004.

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3 THE COMMISSIONER, KERALA STATE GST DEPARTMENT, THIRUVANANTHAPURAM, PIN-695002.

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4 THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-695036.

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5 THE DIRECTOR GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695004.

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6 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM-695001.

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OTHER PRESENT:

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SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).4011/2021

JUDGMENT

Petitioner is a registered owners' association of the Metal Crusher Units established in and around Thiruvananthapuram.

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The allegation of the petitioner is that, vehicles carrying granites are being transported to Kerala through check posts, after filling up the truck beyond the permitted capacity. This not only causes loss to exchequer but, is a serious violation of S.113 of the Motor Vehicles Act also, it is contended. Accordingly, Exts.P1 to P5 representations were submitted by the petitioner before the competent authority. No action has been taken, it is lamented.

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When the matter was taken up, it was submitted by the learned senior Government Pleader that, pursuant to representations submitted by the petitioner, circular dated 18.02.2021 was issued directing that, strict action shall be taken if vehicles with overloaded granites enter the Kerala boarder. It is also stated that, subsequently, by another communication dated 03.03.2021, all subordinate officers were directed to furnish details regarding the action taken on the above circular.

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In the light of the above submission which is recorded, I am inclined to direct that the respondents shall take effective steps to ensure that the circular is implemented strictly in accordance with law

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W.P(C).4011/2021

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and wherever there is a breach of the order, primitive measures shall also be taken.

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Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

W.P(C).4011/2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE COPY 27.01.2021 RESPONDENT	OF SUBM .	THE REPRESENTATION DATED ITTED BEFORE THE 1ST
EXHIBIT P2	THE COPY BEFORE THE	OF THE RESPON	REPRESENTATIONS SUBMITTED DENT NO.2.
EXHIBIT P3	THE COPY BEFORE THE	OF THE RESPON	REPRESENTATIONS SUBMITTED DENT NO.3.
EXHIBIT P4	THE COPY BEFORE THE	OF THE RESPON	REPRESENTATIONS SUBMITTED DENT NO.4.
EXHIBIT P5	THE COPY BEFORE THE	OF THE RESPON	REPRESENTATIONS SUBMITTED DENT NO.5.

Registered Metal Crusher Units Owners Association v. the Transport Commissionr

Case brief

What is this about?

What did the court decide?

Registered Metal Crusher Units Owners Association v. the Transport Commissionr

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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