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Saseendran

High Court Of Kerala|09 June, 2014
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JUDGMENT / ORDER

The petitioners are autoriskshaw drivers operating their vehicles from Mannadisala in Pathanamthitta District and they are the conveners of Mannadisala units of two major unions. Earlier, respondents 6 and 7 who are conducting shops in the locality concerned approached this Court by filing W.P.(C) No.19167/2013 raising grievances against unauthorised parking of autoriskshaws in front of their shop buildings. After considering the contentions this Court disposed of the said writ petition as per Ext.P2 judgment dated 1.8.2013. The respondents 1 to 4 and 11 therein were directed to take appropriate steps based on Ext.P5 marked as such in that writ petition, which is a decision taken as per proceedings No. G3/464/012/PTA dated 16.2.2013 of the Regional Transport Officer, Pathanamthitta taking note of the judgment dated 8.4.2013 of this Court in W.P. (C) No.4072/2012. Later, the petitioners herein submitted Ext.P4 W.P.(C) No. 4820 of 2014 2 representation dated 7.2.2014 before the first respondent, who was the 11th respondent in W.P.(C) No.19167/2013. The short prayer of the petitioners is to direct the 5th respondent to provide an opportunity of being hearing to the petitioners and also to communicate their views in the matter before taking a decision regarding the parking of the autorickshaws at Mannadisala.
2. I have heard the learned counsel appearing for the petitioner, the learned Government Pleader as also the learned standing counsel for the 5th respondent.
3. In view of the order I propose to pass in this writ petition taking note of the fact that pursuant to Ext.P2 judgment a decision in tune with Ext.P3 judgment is yet to be taken I do not think it necessary to issue notice to the other respondents in this proceedings. In the light of Ext.P2 judgment the concerned respondents are bound to take a decision regarding the parking of auto rickshaws at Mannadisala taking in to account the directions in Ext.P3 judgment. As noticed hereinbefore, the learned Government Pleader, on instructions, submitted that such a decision thereon pursuant to Ext.P2 is yet to be taken. In W.P.(C) No. 4820 of 2014 3 the said circumstances this writ petition is disposed of with a direction to respondents 1 to 5 who are also parties to Ext.P2 judgment, to consider Ext.P4 representation submitted by the petitioners before taking a decision in tune with directions in Ext.P2 judgment. Taking note of the fact that the period stipulated by this Court in Ext.P2 judgment had already expired there will be a further direction to the said respondents to take a decision expeditiously and at any rate within a period of one month from the date of receipt of a copy of this judgment. The first respondent shall ensure that the directions in judgment is complied with expeditiously taking note of the fact that despite a specific time limit stipulated under Ext.P2 the respondents had not taken appropriate steps for complying the directions within that stipulated time.
Sd/-
C.T.RAVIKUMAR,JUDGE.
dlk
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Title

Saseendran

Court

High Court Of Kerala

JudgmentDate
09 June, 2014
Judges
  • C T Ravikumar
Advocates
  • Sri
  • S Manu