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High Court of KeralaWP(C)/28287/2013closed

Rajeev v. Joint Regional Transport Authority

2015-08-04Honourable Smt. Justice P.V.Asha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).NO. 28287 OF 2013 (I) ---------------------------- PETITIONER:

------------------ RAJEEV MANJANGATIL HOUSE, PERINGANDUR P.O., MUNDATHICODE, THRISSUR.

BY ADV. SRI.C.A.ANOOP RESPONDENT(S):

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

1. JOINT REGIONAL TRANSPORT AUTHORITY WADAKKANCHERRY, THRISSUR 680 652.

2. SECRETARY, MUNDATHIKODE GRAMA PANCHAYATH, THRISSUR 680 595.

3. SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, THRISSUR 680 652.

4. CIRCLE INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, THRISSUR 680 652.

5. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION) THRISSUR 680 001.

6. DISTRICT COLLECTOR, THRISSUR DISTRICT - 680 001.

7. PRESIDENT, MUNDATHIKODE GRAMA PANCHAYATH, THRISSUR - 680 595. ADDL.R8. GEETHA SUKUMARAN GREESHMA, MINALOOR, ATHANI.P.O.

THRISSUR DISTRICT.

(ADDL. R8 IS IMPLEADED AS PER ORDER DATED 04/12/2013 IN IA 16200/2013.) ADDL. R9. MUNDATHIKODE THRISSUR DISTRICT MOTOR DRIVERS UNION (CITU) REG.NO.133176, MUNDATHIKODE, ATHANI P.O. THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY SRI.P.S. SUNIL (ADDL.R9 IS IMPLEADED AS OER ORDER DATED 19/12/2013 IN I.A. 17458/13)

WP(C).NO. 28287 OF 2013 RADDL.8 BY ADV. SRI.K.B.GANGESH R2 & R7 BY ADV. SRI.P.SANTHOSH (PODUVAL) R2 & R7 BY ADV. SMT.R.RAJITHA R1, R3, R5 & R6 BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL ADDL.R9 BY ADV.SRI.ASOK M.CHERIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 28287 OF 2013 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE WRIT PETITION 15071/2013 FILED BY DR.BHARATHI RENGANATH.

EXT.P2: TRUE COPY OF THE INTERIM ORDER DATED 2/7/2013 IN WPC NO.15071/2013. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 31/7/2013 IN WPC NO.15071/2013. EXT.P4: TRUE COPY OF DECISION DATED 6-9-2013 OF MUNDATHIKODE GRAMA PANCHAYATH.

EXT.P4(A): TRUE COPY OF THE ROUGH SKETCH.

EXT.P5: TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT TO TRAFFIC ADVISORY COMMITTEE, THRISSUR.

EXT.P5(A): TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT TO PUBLIC WORKS DEPARTMENT, THRISSUR.

EXT.P5(B): TRUE COPY OF THE ACKNOWLEDGMENT AND APPLICATION UNDER RIGHT TO INFORMATION ACT TO JOINT R.T.O, WADAKKANCHERRY, THRISSUR. EXT.P6: TRUE COPY OF THE DECISION DATED 25/6/2013. EXT.P7: TRUE COPY OF THE NEWS APPEARED IN MALAYALA MANORAMA DAILY DATED 15/7/2013.

EXT.P8: TRUE COPY OF THE DECISION DATED 30/1/2007. EXT.P8(A): TRUE COPY OF THE DECISION DATED 8/4/2013. EXT.P9(A):COPY OF THE JUDGMENT DATED 11/10/2013 IN W.P.(C).NO. 19370/2013 EXT.P10:COPY OF THE REPLY DATED 20.11.2013 FROM 5TH RESPONDENT TO THE EXT.R5(C) EXT.P11:COPY OF THE APPLICATION UNDER RTI ACT TO 2ND RESPONDENT. EXT.P12:COPY OF THE REPLY FROM MUNDATHIKODE GRAMA PANCHAYATH. EXT.P13:PHOTOGRAPH OF THE ATHANI MEDICAL COLLEGE ROAD. RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R8(A):COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER HEREIN DATED 18.12.2013 EXT.R2(A):COPY OF THE JUDGMENT IN W.P.(C).NO.19370/13 DATED 11/10/13 OF THIS HON'BLE COURT.

EXT.R2(B):COPY OF THE REPRESENTATION DATED 30.7.13 SUBMITTED BY SASI AND OTHERS

WP(C).NO. 28287 OF 2013 EXT.R2(C):COPY OF THE DECISION DATED 2/9/13 TAKEN BY THE TRAFFIC ADVISORY COMMITTEE EXHIBIT R2(D); COPY OF THE MINUTES OF THE MEETING OF THE TRAFFIC ADVISORY COMMITTEE OF THE RESPONDENT PANCHAYAT /TRUE COPY/ P.A. TO JUDGE SKV

P.V.ASHA, J.

=================== W.P.(C). No.28287 OF 2013 ======================= Dated this the 4th day of August, 2015

JUDGMENT

The grievance voiced by the petitioner and the prayers sought in this writ petition appear to be a matter to be raised by a public interest litigation. After hearing the writ petition it is clear that the petitioner does not have any private interest in respect of parking of the autorikshwas within the Mundathikode Panchayat. Parties who are likely to have direct grievance have not approached this court. Therefore in the above circumstances without going into the merits of the case I close this writ petition, granting liberty to the petitioner to move afresh, in case it is so advised. Sd/- P.V.ASHA, JUDGE SKV