PRASAD Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT GOVT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioners, who are owners of Goods Carriage Vehicles, challenge the action taken by the 2nd respondent-Revenue Divisional Officer, prohibiting the running of Tipper Lorries in Kadathuruthy, Kallara Vechur, Kallara - Kurupamthara and Muttuchirta to avert nuisance and threat to human life. It is averred that the immediate cause for issuing such prohibition is due to an accident that occurred on 21.04.2012 in which a boy aged about 8 years died. THE petitioners contend that their fundamental rights are violated by the said order, since they are carrying on their operation in that area mostly through the presently prohibited roads. THE petitioners have not produced the impugned order itself passed by the 2nd respondent, but have produced certain photographs of the flex boards installed at various places stating that running of Tipper Lorries are prohibited through those roads indefinitely. It is stated that the petitioners' Association represented to the 2nd respondent, by way of Exhibit P13, to issue the order prohibiting traffic and also to allow to ply the goods carriage vehicles through the respective roads.

(2.) IN fact the specific issue raised herein was also agitated in W.P.(C).No.10734 of 2012, which this Court has dismissed today. Though in the present writ petition no order has been produced prohibiting the plying of Tipper Lorries in the above mentioned route, in W.P.(C).10734 of 2012 the proceedings of the Sub Divisional Magistrate, Pala bearing No.E-1/2012 dated 21.04.2012 issued under Section 133(1)(b) and 144(1) of the Code of Criminal Procedure was produced.