IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 7715 of 2011(L) ------------------------- PETITIONER: --------------- P.V.JOHNY, PALLIPPADAN HOUSE, AZHAKOM, MOOKKANNOOR (VIA), ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENTS: ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, TIRUR-676 101. 2. THE TAHSILDAR, TALUK OFFICE, PONNANI-679 577. 3. THE CIRCLE INSPECTOR OF POLICE, PONNANI-679 577. 4. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR-676 101. 5. THE CONSTRUCTION ENGINEER, KERALA LAND DEVELOPMENT CORPORATION LTD., THRISSUR-680 020. R1 TO R4 BY GOVT. PLEADER SRI.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 7715 of 2011 -------------------------- Dated this the 18th March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: "i. Call for the records relating to this case; ii. Issue a writ of certiorari quashing Ext.P3 to the extent it imposes unreasonable restrictions as to the time and mode of transportation of soil in vehicles; iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to take and transport soil during 6 am to 6 pm on all days notwithstanding the conditions laid down in Ext.P3; iv. issue a writ of mandamus directing the respondents to permit the petitioner to use/engage vehicles other than the vehicles mentioned in Ext.P3, if it requires so." 2. The learned counsel for the petitioner submits that the petitioner being a contractor and having awarded the work in connection with the construction of the bridge has to complete the work before 31.3.2011 as specified in Ext.P1 work order. It is in connection with this, that the W.P (C) No.7715 of 2011 2 earth was sought to be removed; for which the awarder of the work i.e the 5th respondent took up the matter before the 1st respondent by filing Ext.P2 dated 14.12.2010, leading to Ext.P3 order dated 4.1.2011, whereby, the transportation of the earth has been permitted, subject to the conditions stipulated therein. The grievance of the petitioner is that, the 1st respondent has stipulated that the transportation can be pursued only between 8 am to 4 pm; that too on working days which has virtually prevented the petitioner from completing the operations in a time- bound manner. It is in the said circumstance, that the petitioner has approached this Court with the prayers mentioned above. 2. Heard the learned Government Pleader as well. 3. Considering the facts and circumstances, the petitioner will stand permitted to transport the soil during 6 am to 6 p.m on all days, in the particular vehicles mentioned in Ext.P3. 4. The learned counsel for the petitioner submits that the last date mentioned in Ext.P3 as 28.2.2011 has W.P (C) No.7715 of 2011 3 been extended till 9.4.2011. The benefit of the above order will stand covered to the above extended period as well. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge