JIMMICHAN MATHEW @ TOMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these writ petitions are challenging the action of the Grama Panchayat in prohibiting transport of heavy vehicles through the Maduraparampu-Chempilavu road, in purported exercise of the power conferred under Sec. 170 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act). Since the issues raised are similar, the writ petitions are disposed of by this common judgment.

(2.) The petitioner in W.P.(C)No.7138 of 2021 has been conducting a metal crusher unit from 2003. It is submitted that after the general elections to the Kerala Legislative Assembly was held in 2020, objections were placed before the Panchayat committee regarding heavy vehicular traffic in the road mentioned above. On 10/03/2021, the Panchayat issued Ext.P5 notice to the petitioner in W.P.(C)No.7138 of 2021 pointing out that a notice board prohibiting heavy vehicular traffic in the Road has been placed in the road, and, directing him to stop plying such vehicles in the Road and to report compliance of the same to the Panchayat, failing which action will be taken against him. Ext.P10 is the resolution dated 15/02/2021 passed by the Panchayat based on which Ext.P5 is issued.

(3.) The petitioner in W.P.(C)No.10541 of 2021 has been conducting a concrete bricks manufacturing unit from 2009. He is also aggrieved by the above said decision of the Panchayat. Ext.P5 produced in the writ petition is the resolution dated 15/02/2021 of the Panchayat.