Writ petition by owners-cum-drivers seeking direction to District Collector to consider request for sharing transportation work with a private mine unit dismissed, as ordering work allocation to a private entity is maintainable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 13132 OF 2023
PETITIONERS:
1 HARIKUMAR,AGED 56 YEARSS/O. SIVASANKARAN NAIR, KOCHUMADATHIL, PAYYANAMON PO,
KONNI, PATHANAMTHITTA DISTRICT,, PIN - 689691
2 SAJEEV P.A., AGED 53 YEARSS/O ACHUTHAN, AGED 53 YEARS, AMBADIYIL, ATHUMPUKULAM PO,
KONNI, PATHANAMTHITTA DISTRICT,, PIN - 689691
3 SHIJU S AGED 40 YEARSS/O SOMAN PILLAI ETTINILKKUNNATHIL, AVOLIKUZHY, ELIMULLUM
PLACKAL PO, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689691
4 SUMESH CS, AGED 33 YEARSS/O SOMAN, CHAKKITTAYIL, CHENGARA PO, KONNI,
PATHANAMTHITTA,, PIN - 689691
5 SREEKUMAR AGED 53 YEARSS, S/O SIVASANKARAN NAIR, KOCHUMADATHIL, PAYYANAMON PO,
KONNI, PATHANAMTHITTA,, PIN - 689691
6 SREEKUMAR G, AGED 33 YEARSS/O GOPALAKRISHNAN NAIR, PAIPPATTU KIZHAKKETHIL, AYRAVON PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 6896917 BINDU,AGED 33 YEARS
W/O ANANADAN, KODANVILAYIL, ATHUMPUKULAM PO, KONNI,
PATHANAMTHITTA DISTRICT,, PIN - 689891
8 SUMITH KUMAR K.S., AGED 33 YEARSS/O SUKUMARAN, KONNAMOOTTIL, V. KOTTAYAM PO,
PATHANAMTHITTA DISTRICT,, PIN – 689656
WP(C) NO.13132 OF 2023
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9 SHIJUMON K.S. AGED 36 YEARS ,S/O JHOSH , KUNNATHU, THANNITHODU PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969910 PRAKASH, AGED 56 YEARS S/O SUKUMARAN, PUNNAMOOTTIL, THANNITHODU PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969911 ARUN DEV, AGED 22 YEARS S/O DEVARAJAN, DEVANANDANAM, MANALEPADY, V. KOTTAYAM, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969912 RAVINDRAN M.V., AGED 65 YEARSS/O VELAYUDHAN, MURUVEL PADI, ELIMULLUMPLACKAL PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969913 VIKRAMAN NAIR,S AGED 69 YEARSS/O SIVARAMAN NAIR VINEETHA BHAVAN, THENGUMKAVU PO, MALLASSERY, PATHANAMTHITTA DISTRICT,, PIN - 68964614 RENI M, AGED 69 YEARS S/O MATHUKUTTY, KALLARIKKAL PUTHEN VEEDU, ILAKOLLUR PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68900115 SANTHOSH, AGED 52 YEARS . S/O RAMENDRAN, KUZHIVILAYIL, VELLAPPARA PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969116 SUBHASH CHANDRAN, AGED 38 YEARS S/O CHANDRAN NAIR, AGED 38 CHARIVU PARAMBIL, KIZHAKKUPURAM PO, KUMBAZHA, PATHANAMTHITTA DISTRICT,, PIN - 68966417 PRASAD KT, AGED 49 YEARS S/O THANKAPAN NAIR, SANDHYADEEPAM, POOVANPARA PO, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689691WP(C) NO.13132 OF 2023
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18 MUHAMMAD YUNIS, AGED 35 YEARSS/O SHAMSUDEEN ETTIMOOTTIL, KUMMANNUR PO, KONNI,
PATHANAMTHITTA DISTRICT,, PIN - 689691
19 VISHNU AGED 27 YEARS, S/O BHASSI. MANNIL PUTHENVEEDU, ATHUMPUKULAM PO, KONNI, PATHANAMTHITTA DISTRICT,, PIN - 68969920 PRATHEEP V AGED 43 YEARSS/O VASU, ATHULYA BHAVAN, IRAVON PO, KONNI,
PATHANAMTHITTA DISTRICT,, PIN - 689691
21 AKHIL, AGED 23 YEARSS/O VISWATHAN, CHARIVUVILAYIL, ELAPPUPPARA PO,
V. KONNI, PATHANAMTHITTA DISTRICT,, PIN - 689699
22SURESH,
AGED 43 YEARS
S/O BALAN. K. , KARTHIKA, NJAKKUNILAM PO, V.
KOTTAYAM, PATHANAMTHITTA DISTRICT,, PIN - 689656
23SARUN S,
AGED 34 YEARS
S/O SANTHOSHKKUMAR, KAKKUNNATHU HOUSE,
PALLANAMON PO, KONNI, PATHANAMTHITTA DISTRICT,,
PIN - 689614
BY ADV O.D.SIVADAS
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA,, PIN - 6890012 THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM, KESAVAPURAM, PATOM PALACE PO,, PIN - 6950043 M/S. GALAXY GRANITES, OOTTUPPARA, KONNI, PATHANAMTHITTA DISTRICT,REPRESENTED BY ITS MANAGER, PIN - 689691WP(C) NO.13132 OF 2023
SR.GP- SMT. AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.13132 OF 2023
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JUDGMENT
Dated this the 1st day of August, 2023
The petitioners are owners-cum-drivers of Tipper Lorries in Konni in Pathanamthitta District. The petitioners have filed this writ petition seeking to command the 1st respondentDistrict Collector to consider and dispose of Ext.P1 request and to take appropriate decision regarding transportation of materials from the 3rd respondent-Unit, after hearing the petitioners and also the 3rd respondent.
WP(C) NO.13132 OF 2023
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will be put to untold hardship, contends the counsel for the petitioners.
WP(C) NO.13132 OF 2023
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entity, such order cannot be passed and a writ is not maintainable for that purpose.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.13132 OF 2023
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APPENDIX OF WP(C) 13132/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONERS BEFORE THE DISTRICT
COLLECTOR
Exhibit P2TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONERS BEFORE THE GEOLOGIST,
MINING & GEOLOGY DEPARTMENT,
THIRUVANANTHAPURAM,
2 issues framed by the court
Whether a writ petition is maintainable to direct a private entity to equitably distribute work of material transportation to specific individuals.
Whether the District Collector can be commanded to consider a request for sharing transportation work with a private employer.
HARIKUMAR and others
THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA
THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, THIRUVANANTHAPURAM
M/S. GALAXY GRANITES
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court