High Court of KeralaWP(C)/9578/2015disposed of

Fr.Xavier Lazer v. State Of Kerala

2015-10-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 -------------------------------------- PETITIONER:

-------------------------- FR.XAVIER LAZER, AGED 48 YEARS S/O.LAZER, PARISH PRIEST ST.ANTONY'S LATIN CATHOLIC CHURCH, KANJIRACODE KUNDARA P.O., KOLLAM - 691 501.

BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS:

----------------------------

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANTHAPURAM - 695 001.

2. THE SUPERINTENDENT OF POLICE (RURAL) KOLLAM - 691 001.

3. THE CIRCLE INSPECTOR OF POLICE KUNDARA - 691 001.

4. THE REGIONAL TRANSPORT OFFICER KOLLAM - 691 001.

5. KUNDARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KUNDARA KOLLAM - 691 501.

6. ELAMPALLUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY ELAMPALLUR - 691 001.

7. VILLAGE OFFICER ELAMPALLUR - 691 001.

8. EXECUTIVE ENGINEER, NATIONAL HIGH WAY 208, KOLLAM - 691001.

9. AUTO RICKSHAW DRIVERS UNION (CITU) MUKKADA UNIT, KUNDARA - 691 501.

REPRESENTED BY ITS SECRETARY FRANCIS

10. AUTO RICKSHAW DRIVERS UNION (AITUC) MUKKADA UNIT, KUNDARA REPRESENTED BY ITS SECRETARY JEROME - 691 501.

11. AUTO RICKSHAW DRIVERS UNION (BMS) MUKKADA UNIT, KUNDARA, PIN - 691 501.

REPRESENTED BY ITS SECRETARY ANIL KUMAR.S R1 TO R4 & R8 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R5 BY ADV. SRI.MANOJ RAMASWAMY R6 BY ADVS. SRI.B.VINOD SRI.I.V.PRAMOD R9, R10 BY ADVS. SRI.V.JAYAPRADEEP SRI.V.JAYADHAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE PHOTOGRAPH SHOWING PARKING OF AUTO RICKSHAWS IN FRONT OF THE ST.ANTONY'S SHOPPING ARCADE P2TRUE COPY OF THE PHOTOGRAPH SHOWING ST.ANTONY'S SHRINE P3TRUE COPY OF THE JUDGMENT DATED 9.7.2014 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.17490 OF 2014 P4TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6.2.2015 P5TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 6.2.2015 P6TRUE COPY OF THE APPLICATION DATED 27.8.2014 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICER, KOLLAM (ALONG WITH ENGLISH TRANSLATION) P7TRUE COPY OF THE LETTER NO.G10/6614/2014/Q DATED 20.9.

2014 OF THE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICER, KOLLAM (ALONG WITH ENGLISH TRANSLATION) P8TRUE COPY OF THE APPLICATION DATED 27.8.2014 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE STATE PUBLIC INFORMATION OFFICER, KUNDARA GRAMA PANCHAYAT (ALONG WITH ENGLISH TRANSLATION) P9TRUE COPY OF THE LETTER NO.JS.4959/2014-15 DATED 4.10.2014 OF THE STATE PUBLIC INFORMATION OFFICER, KUNDARA GRAMA PANCHAYAT (ALONG WITH ENGLISH TRANSLATION) P10TRUE COPY OF THE APPLICATION DATED 25.9.2014 FILED BY TEH PETITONE RUNDER THE RIGHT TO INFORMATION ACT BEFORE THE STATE PUBLIC INFORMATION OFFICER, ELLAMBALLUR VILLAGE (ALONG WITH ENGLISH TRANSLATION) P11TRUE COPY OF THE LETTER NO.33/2014(1) DATED 13.10.

14 OF THE STATE PUBLIC INFORMATION OFFICER, ELLAMBALLUR VILLAGE (ALONG WITH ENGLISH TRANSLATION) P12TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 6.2.15 RESPONDENT(S)' EXHIBITS --------------------------------------- /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 9578 OF 2015 ---------------------------------------- Dated this the 13th day of October, 2015

JUDGMENT

The dispute pertains to the location of an autorickshaw stand on the side of NH 208 at Kundara - Mukkada Junction. The petitioner has in this regard submitted Ext. P12 representation with the fourth respondent. The fourth respondent shall place the same before the Regional Transport Authority, Kollam within a period of three weeks.

The Regional Transport Authority shall take a decision thereon with due notice to the parties. Notice shall be issued not only to the petitioner but also to respondents 2, 3 and 5 to 11 in this writ petition. The final decision thereon shall be taken within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS