IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 21506 of 2011(K) -------------------------- PETITIONER: --------------- T.K.MURALIDHARAN, AGED 64 YEARS S/O.C.K.KRISHNAN, DEPUTY COMMISSIONER, COMMERCIAL TAXES (RTD), SOUMYA, OPPOSITE POLICE STATION, P.O.NILESHWAR, KASARAGOD DISTRICT 671 314 . BY ADV. MR. V.R.KESAVA KAIMAL MR. N.M.MADHU RESPONDENTS: --------------- 1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA REP BY ITS PROJECT DIRECTOR, CIVIL STATION, COLLECTORATE, KASARAGOD 671 123. 2. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY AUTHORITY OF INDIA PULIKKUNNU, KASARAGOD 671 123. 3. THE NEEELESWAR MUNICIPALITY, REP BY ITS SECRETARY, NILESHWAR 671 314. 4. THE DISTRICT COLLECTOR AND CHAIRMAN DISTRICT ROAD SAFETY COUNCIL, COLLECTORATE,KASARAGOD 671 123. R1 AND R2 BY ADV. MR. THOMAS ANTONY, STANDING COUNSEL R3 MR. ELVIN PETER P.J. R4 SENIOR GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKANAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 21506 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE COMPLAINT DATED 06.06.2011 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P2 : TRUE COPY OF THE COMPLAING DATED 28.06.2011 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT. P3 : TRUE COPY OF THE COMPLAINT DATED 02.07.2011 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. EXT. P4 : TRUE COPY OF THE REMINDER DATED 25.07.2011 ISSUED BY THE PETITIONER TO RESPONDENT NO.2 AND COPY TO RESPONDENT NO.1 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 21506 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. To issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to enquire into Exts. P1 to P3 complaints and initiate action against the persons who are conducting the 'Thattukada' (make shift shop) in violation of 'th Rules' at the junction of the road leading to Weavers street from NH 17 and opposite to Police Station, Nileshwar ii. Grant such other reliefs as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case; and iii. Award cost of the proceedings. 2. The learned Government Pleader appearing for the 2nd and 4th respondents submits that proper action has already been taken and all the persons who are conducting the 'Thattukada' in violation of the rules, at the spot in question, have already been evacuated and the structures have been removed In the circumstances, no further orders are warranted in this Writ Petition. Submission as above is recorded. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd