IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 23943 of 2011(S) ------------------------------------ PETITIONER(S): --------------------- MOHANAN PILLAI A.V., GAYATHRI, MUTHUKULAM SOUTH P.O., ALAPPUZHA, PIN-690506. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): ----------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS SECRETARY, G 5&6, SECTOR-10, DWARAKA, NEW DELHI-110075. 3. STATE TRANSPORT COMMISSIONER, OFFICE OF THE STATE TRANSPORT COMMISSIONER, VAZHUTHAKKAD, THIRUVANANTHAPURAM. SR.GOVT.PLEADER SMT.K.MEER FOR R1 AND R3 ADV. SRI.THOMAS ANTONY FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23943 of 2011(S) APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE REPLY DATED 20/3/2010 FURNISHED FROM THE IST RESPONDENT'S OFFICE. EXT.P2 TRUE COPIES OF THE REQUEST SUBMITTED TO THE 2ND RESPONDENT AND THE REPLY RECEIVED FOR THE SAME. EXT.P3 A TRUE COPY OF THE REPLY DATED 18/5/2010 FURNISHED BY THE 3RD RESPONDENT. EXT.P4 A TRUE COPY OF THE REPLY RECEIVED FROM THE REGIONAL TRANSPORT AUTHORITIES OF ALAPPUZHA. EXT.P5 A TRUE COPY OF THE REPLY RECEIVED FROM THE REGIONAL TRANSPORT AUTHORITIES OF KOTTAYAM. EXT.P6 A TRUE COPY OF THE REPLY RECEIVED FROM THE REGIONAL TRANSPORT AUTHORITIES OF ERNAKULAM. EXT.P7 A TRUE COPY OF THE REPLY RECEIVED FROM THE REGIONAL TRANSPORT AUTHORITIES OF KOLLAM. EXT.P8 A TRUE COPY OF THE PETITION DATED 1/12/2010 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P9 A TRUE COPY OF THE COMMUNICATION DATED 01/04/2011 ALONG WITH THE COPY OF THE MESSAGE DATED 30/12/2010 ISSEUD FROM THE IST RESPONDENT. EXT.P10 A TRUE COPY OF THE PETITION DATED 19/5/2011 SUBMITTED BY THE PETITIONER. EXT.P11 A TRUE COPY OF THE COMMUNICATION DATED 22/6/2011 ISSUED FROM THE IST RESPONDENT'S OFFICE. EXT.P12 PHOTOGRAPHS OF THE SPEED BREAKERS PLACED ALONG THE NATIONAL HIGH WAY. /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 23943 of 2011 ---------------------------------------------- Dated this the 22nd day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The writ petitioner approached this Court seeking the following reliefs: i. To issue a writ of mandamus or any other writ or order directing the 1st respondent to take immediate steps to get the speed breakers placed in the National Highways and PWD roads removed without further delay. ii. To issue a writ of mandamus or any other writ or order directing the 1st respondent to see that the speed breakers placed in the National High Ways and Public roads in violation of the rules are removed without further delay. iii.To issue a writ of mandamus or any other writ or order directing the 1st respondent to take immediate steps to implement the direction issued on 30.12.2010 (exhibit P9) to remove the unauthorised speed breakers placed on National High Ways and PWD roads; and iv.To issue any other writ or order as is deemed fit by this Hon'ble Court to safe guard the interest of justice.” WP(C).23943/11 2 2. During the pendency of the Writ Petition, when certain details were called for from the Government, we note that as on today, whatever reliefs sought in the Writ Petition, they are complied with by the respondents-authorities. In that view of the matter, the Writ Petition becomes infructuous and accordingly, the same is dismissed. However, we make it clear that this cannot be treated as a precedent for the respondents-authorities not to put up caution boards regarding the existence of speed breakers or put up the humps provided such caution boards or other boards including the road humps are required and are put up by the concerned authorities following the necessary procedures in strict compliance. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs