High Court of KeralaSingle JudgeDisposed of

Thomas O.D v. Muppainad Grama Panchayat and Secretary, Muppainad Grama Panchayat, Vaduvanchal, Waynad

Case / Petition Number:WP(C) No.32247 of 2022
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2022-11-28
Court Decision / Holding
Writ petition disposed of; the 2nd respondent-Secretary is directed to remove the board prohibiting heavy vehicles on the Valathoor-Aanadikappu Panchayat Road. The respondents are left free to approach the Motor Vehicle Department or the Traffic Regulatory Committee to regulate traffic if warranted by circumstances.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Thomas O.D, aged 53 years, S/O. Devassia, Oolikkal House, Vikas Nagar, Kalpetta, Waynad – 673121

Respondents

  • Muppainad Grama Panchayat, Vaduvanchal P.O., Waynadu – 676581 represented by its Secretary
  • The Secretary, Muppainad Grama Panchayat, Vaduvanchal P.O., Waynadu – 676581

Legal Representation & Advocates

Counsels for Petitioners

  • • ENOCH DAVID
  • • SIMON JOEL
  • • S. SREEDEV
  • • RONY JOSE
  • • LEO LUKOSE
  • • CIMIL CHERIAN KOTTALIL

Counsels for Respondents

  • • Sri.MATHEW KURIAKOSE, Standing Counsel, Muppainad Grama Panchayat
  • • Smt. Vidya KuriaKose, Government Pleader

Case Synopsis & Summary

Thomas O.D, a quarry operator operating under licences and clearances within Muppainad Village, approached this Court challenging a Panchayat Council resolution dated 07.10.2022 that banned the movement of heavy vehicles on the Valathoor-Aanadikappu Panchayat Road leading to his unit. He contends that the Panchayat lacks jurisdiction to restrict traffic on a road vested in the Panchayat for public use and relied on this Court’s decision in Jimmichan Mathew v. State of Kerala (2022 (1) KLT 373) to argue that traffic regulation powers lie with Government authorities under the Motor Vehicles Act, not with a Panchayat. The Respondents contend that the road is dilapidated, with a failing culvert, and that Ext.R1(d) was a valid exercise of Panchayat duties to repair and maintain roads vested in the Panchayat under the Kerala Panchayat Raj Act. They argue Sections 169(2) and items 40 and 112 of the 3rd Schedule confer such powers; a Traffic Regulatory Committee under the Kerala Police Act 72(2) also has a role. The Court ultimately holds that traffic prohibition cannot be effectuated by a Panchayat resolution and directs removal of the board; it leaves open the option to seek regulation from the MV Department or Traffic Regulatory Committee if warranted, reaffirming MV Act supremacy over Panchayat power.

Provisions of Law Cited

Motor Vehicles Act, Section 115Kerala Panchayat Raj Act, Section 169(2)Kerala Police Act, Section 72(2)Kerala Panchayat Raj Act, 3rd Schedule, item 40Kerala Panchayat Raj Act, 3rd Schedule, item 112Kerala Panchayat Raj Act, Section 166Kerala Panchayat Raj Act, Section 170

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the Panchayat has no authority or jurisdiction to restrict movement of vehicles through the road, especially as the road is used for quarry operations and the petitioner possesses valid licenses and consents. He relies on Jimmichan Mathew v. State of Kerala to argue that traffic regulation powers are vested in Government authorities under the Motor Vehicles Act, and that Sections 166/170 of the Kerala Panchayat Raj Act do not empower the Panchayat to override Section 115 of the Motor Vehicles Act. The petition seeks to quash the resolution and restrain heavy vehicle restrictions.

Contentions of Respondents

The respondents submit that the road is dilapidated, with a failing culvert, justifying a temporary restriction on heavy traffic under the Panchayat’s duty to repair and maintain roads vested in it. They rely on Section 169(2) of the Kerala Panchayat Raj Act and items 40 and 112 of the 3rd Schedule to justify the Council’s action, and emphasize that a Traffic Regulatory Committee (under Section 72(2) of the Kerala Police Act) and the Motor Vehicles Department are the proper authorities for traffic regulation.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Jimmichan Mathew v. State of Kerala2022 (1) KLT 373PositiveCourt relies on this decision to hold that the power to prohibit vehicular traffic lies with the Government or its authorized authority under the Motor Vehicles Act, and that Section 166/170 of the Kerala Panchayat Raj Act cannot override Section 115 of the MVA.
W.P(C) No. 20351/202229.06.2022Mentioned OnlyJudgment dated 29.06.2022 in W.P(C) No. 20351/2022 is cited in the Appendix; it is not a directly cited governing precedent in the reasoning presented herein.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 28[TH] DAY OF NOVEMBER 2022/ 7TH AGRAHAYANA, 1944** ## **WP(C) NO. 32247 OF 2022** ## **PETITIONER:** **THOMAS O.D AGED 53 YEARS S/O. DEVASSIA, OOLIKKAL HOUSE, VIKAS NAGAR, KALPETTA, WAYNAD – 673121.** **BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE LEO LUKOSE CIMIL CHERIAN KOTTALIL** ## **RESPONDENTS:** - **1 MUPPAINAD GRAMA PANCHAYAT VADUVANCHAL P.O., WAYANAD REPRESENTED BY ITS SECRETARY WAYANAD – 676581.** - **2 THE SECRETARY MUPPAINAD GRAMA PANCHAYAT, VADUVANCHAL P.O., WAYNAD – 676581.** **BY ADV. SRI.MATHEW KURIAKOSE, STANDING COUNSEL, MUPPAINAD GRAMA PANCHAYAT. SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER.** WP(C) No.32247 of 2022 : 2 : **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) No.32247 of 2022 : 3 : ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ _**Dated this the 28[th] day of November, 2022**_ The petitioner, who is running a quarry in Muppainad Grama Panchayat, is before this Court aggrieved by a decision taken by the Panchayat Council, banning heavy vehicle traffic through Aanadikappu-Valathoor Road. 2. The petitioner states that he is conducting quarrying operation after obtaining all licences, permits and consents in Muppainad Village. On 07.10.2022, the Secretary to the Muppainad Grama Panchayat placed a board at the entrance of the Panchayat Road leading to the petitioner's unit, prohibiting movement of all heavy vehicles. 3. The petitioner states that the Panchayat has no authority or jurisdiction to restrict movement of vehicles through the road. The petitioner relied on the judgment of this Court in _**Jimmichan Mathew v. State of Kerala** [2022 (1) KLT 373]._ WP(C) No.32247 of 2022 : 4 : 4. The respondents entered appearance through Standing Counsel and resisted the writ petition. The respondents stated that the road is in a dilapidated condition. As per the report of the Assistant Engineer LID and EW, the Valathoor-Aanadikappu Panchayat Road is in a deteriorated condition and the culvert in the road is getting collapsed. Therefore, the Panchayat Committee passed a resolution to restrict the movement of heavy motor vehicles through Valathoor-Aanadikappu Panchayat Road until the culvert is reconstructed and the road is repaired. 5. Standing Counsel would submit that the process of repairing the road is on, and in all probabilities the repairing will be completed by March, 2023. 6. With respect to the judgment of this Court in _**Jimmichan Mathew**_ (supra), the Standing Counsel submitted that Section 169(2) empowers the Panchayat authorities to repair and regulate the roads vested with the Panchayat. As per Section 169(2), all rights and liabilities of the Government in relation to public roads and other properties, materials and WP(C) No.32247 of 2022 : 5 : things vested in the Panchayat under sub-section (1) or subsection (4) shall, from the date of such vesting, be the rights and liabilities of the Panchayat. As the roads are vested with the Panchayat, necessarily, the Panchayat has a right to regulate traffic on the roads, if situations so warrants, contended the Standing Counsel. 7. Standing Counsel further pointed out that as per item No.40 of 3[rd] schedule to the Panchayat Raj Act, the Panchayats are entitled to repair and maintain the roads vested with the Panchayat within the territorial limits of respective Panchayats. As per item No.112, it is the bounden duty of the Panchayat to construct and maintain such roads vested with the Panchayat. It is only as a part of discharge of its duties and obligations under the Kerala Panchayat Raj Act that the Council has passed Ext.R1(d) resolution prohibiting movement of heavy vehicles through the road. 8. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. WP(C) No.32247 of 2022 : 6 : 9. This Court in the judgment in _**Jimmichan Mathew**_ (supra) held that power to prohibit vehicular traffic is specifically granted by the Government or person authorised by the Government, as per Section 115 of the Motor Vehicles Act. There is no power available to the Panchayat either under Section 166 or under Section 170 of the Kerala Panchayat Raj Act which overrides the power of the Government under Section 115 and empowers the Panchayat to control traffic. The specific power available under Section 170 is to maintain the roads and keep it free from garbage, sewerage and other waste materials. 10. This Court finds that Section 72(2) of the Kerala Police Act contemplates constitution of a Traffic Regulatory Committee to regulate the manner and time of traffic of all kinds in public places. The concerned head of the Local Self Government Institutions would be the Chairman of such Committee. The Traffic Regulatory Committee also has been empowered with the duty of regulation of traffic on roads. WP(C) No.32247 of 2022 : 7 : 11. In the afore circumstances, I am of the view that the Panchayat Committee cannot by passing a resolution, regulate traffic through Aanadikappu-Valathoor Road. The power will be exclusively within the authorities under the Motor Vehicles Act and the Traffic Regulatory Committee constituted under the Kerala Police Act. In the circumstances of the case, the writ petition is disposed of directing the 2[nd] respondent-Secretary to remove the board placed at the entrance of the ValathoorAanadikappu Panchayat Road prohibiting the movement of heavy vehicles through the Panchayat road. It is made clear that the respondents will be at liberty to approach the Motor Vehicle Department or the Traffic Regulatory Committee to regulate the traffic through the road if situation so warrants. **Sd/N. NAGARESH JUDGE** sss WP(C) No.32247 of 2022 : 8 : ## **APPENDIX OF WP(C) 32247/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE QUARRYING LEASE DATED 11.07.2022 VALID TILL 10.07.2032. Exhibit P1(a) TRUE COPY OF THE CONSENT DTD. 17.02.2021 VALID TILL 31.08.2025 ISSUED BY THE POLLUTION CONTROL BOARD. Exhibit P1(b) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE (EC) DATED 18.08.2020 VALID TILL 17.08.2025 ISSUED TO THE PETITIONER. Exhibit P1(c) TRUE COPY OF THE D&O LICENSE DTD. 12.05.2021 VALID TILL 24.06.2024 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 A TRUE COPY OF ORDER DATED 30.06.2021 IN I.A NO: 695/2021 IN REVISION PETITION NO: 25/2021 ON THE FILES OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. Exhibit P3 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE BOARD PLACED AT THE ENTRANCE OF THE VALATHOOR- AANADIKAPPU PANCHAYAT ROAD. Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING G.O.(P) NO. 59/2015/TRAN DATED 29.09.2015 ISSUED BY THE GOVERNMENT OF KERALA. Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 25.10.2016 IN WP(C) NO. 12963/2016 ON THE FILES OF THIS HON'BLE COURT (READABLE COPY IS PRODUCED ALONG WITH). Exhibit P6 A TRUE COPY OF THE LETTER DATED 19.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P6(a) A TRUE COPY OF THE RECEIPT TO EXT.P6 ISSUED BY THE 2ND RESPONDENT. Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 29.06.2022 IN W.P(C) NO: 20351/2022 ON THE FILES OF THIS HON'BLE COURT. Exhibit P8 TRUE COPY OF THE REPLY DATED 11.11.2022 ISSUED BY THE 1ST RESPONDENT UNDER THE RTI ACT.** WP(C) No.32247 of 2022 : 9 : ## **RESPONDENTS' EXHIBIT** ## **Exhibit R1(a) PHOTOGRAPHS SHOWING THE ROAD AND CULVERT** **Exhibit R1(b)** **Exhibit R1(c)** **Exhibit R1(d)** **TRUE COPY OF THE REPORT DATED 02.11.2022 SUBMITTED BY THE ASST. ENGINEER LID & EW OF THE 1ST RESPONDENT PANCHAYAT TO THE SECOND RESPONDENT REGARDING THE CONDITION OF THE ROAD AND CULVERT.** **TRUE COPY OF THE REPORT DATED 02.11.2022 SUBMITTED BY THE ASST. ENGINEER LID & EW OF THE 1ST RESPONDENT PANCHAYAT TO THE SECOND RESPONDENT REGARDING THE PETITIONER'S QUARRY. TRUE COPY OF THE RESOLUTION NO.1/1 DATED 04.11.2022 OF THE 1ST RESPONDENT PANCHAYAT.**