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Sasidharan Vs. Assistant Engineer - Court Judgment

SooperKanoon Citation
CourtKerala High Court
Decided On
Judge
AppellantSasidharan
RespondentAssistant Engineer
Excerpt:
.....appendix petitioner(s)' exhibits : --------------------------------------- exhibit p1 : true copy of the request dated0512.2013. exhibit p2 : true copy of the communication dated2012.2013. exhibit p3 : true copy of the request dated1801.2014. exhibit p4 : true copy of the judgment in o.p.no.15850/2001 dated2405.2001. respondent(s)' exhibits: ------------------------------------------ n i l /true copy/ p.a.to judge kss k.vinod chandran, j - - - - - - - - - - - - - - - - - - - - w.p.(c).no. 2001 of 2014 - - - - - - - - - - - - - - - - dated 12th march, 2014 - - - - - - - - - - - - - - - - - - - - - - - - judgment the petitioners are aggrieved by the unauthorized humps which have been placed on the state highway-32 between erattupetta pmc hospital junction and nadakkal,.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE12H DAYOF MARCH201421ST PHALGUNA, 1935 WP(C).No. 2001 of 2014 (A) --------------------------- PETITIONER(S): ---------------------- 1. SASIDHARAN M.N., SECRETARY, BUS OPERATORS ORGANIZATION, R.NO.GT-642/99, PUTHIYAVEETTIL BUILDINGS, VAIKOM ROAD, NEAR KOTTARAMATTOM BUS STAND, PALA - 686 575.

2. CHACKO VARGHESE, PRESIDENT, VYAPARI VYEVASAYI EKOPANA SAMITHI, VELLIKULAM, ERATTUPETTA - 686 121.

3. SRI. BABY ANTOS, PARAYIL HOUSE, EDAMARUKU P.O., PALA - 686 652. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ---------------------------- 1. THE ASSISTANT ENGINEER, PWD ROAD SECTION, ERATTUPETTA - 686 101.

2. THE ASSISTANT ENGINEER, PWD ROAD SECTION, KANHIRAPPALLY - 686 507.

3. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM - 686 002.

4. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM - 685 603.

5. THE DISTRICT POLICE CHIEF, KOTTAYAM - 686 002. R1 TO R5 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1203-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 2001 of 2014 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : --------------------------------------- EXHIBIT P1 : TRUE COPY OF THE REQUEST DATED0512.2013. EXHIBIT P2 : TRUE COPY OF THE COMMUNICATION DATED2012.2013. EXHIBIT P3 : TRUE COPY OF THE REQUEST DATED1801.2014. EXHIBIT P4 : TRUE COPY OF THE JUDGMENT

IN O.P.NO.15850/2001 DATED2405.2001. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 2001 of 2014 - - - - - - - - - - - - - - - - Dated 12th March, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT

The petitioners are aggrieved by the unauthorized humps which have been placed on the State Highway-32 between Erattupetta PMC Hospital Junction and Nadakkal, Erattupetta- Thodupuzha as also Erattupetta-Kanhirappally. Petitioners had applied for under the RTI Act for information as to whether the humps, seen in the said routes, have been sanctioned as required by the Public Works Department. By Ext.P2, the Information Officer had replied that many of the humps are unauthorized. It is in such circumstances, that the petitioners filed an application before respondents 1 to 4 to remove the unauthorized humps.

2. Obviously, humps are placed on the public roads as speed brakers to avert accidents WP(C).2001/14 2 and generally for the public safety. It is not clear as to how authorization has to be obtained for erection of such humps; but necessarily PWD maintains the State Highways and without their sanction, definitely a speed braker cannot be erected in the road. Respondents 1 to 4 hence, would examine as to whether the humps, pointed out by the petitioners, are necessary, considering the situation of the locality at which the humps have been erected. The writ petition hence is disposed of with the above direction. The petitioner shall produce a copy of the writ petition along with the details of the humps within two weeks from today before Respondents 1 to 4, and if the humps are found to be not necessary, same shall be removed expeditiously. SD/- K.VINOD CHANDRAN, Judge Mrcs


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