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2010 Supreme(Ker) 483

High Court of Kerala
THE HONOURABLE MR. JUSTICE C.N. RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S. GOPINATHAN
The Chief Secretary to Government & Others
Versus
Khalid Mundappilly & Others
RP.No. 670 of 2010 (S) In W. P. C. No. 19253 of 2010
Decided on : 13-08-2010

Advocates appeared:
For the Petitioners:Government Pleader. For the Respondent:T.R. Rajan, Advocate.

Headnote:

Constitution of India - Article 226 - Code of Civil Procedure, 1908 - Order XLVII Rule 1 - Public Interest Litigation filed by the first respondent - Petitioner produced photographs along with the Petition showing the temporary stage constructed and the political meeting being held on the public road blocking the traffic in front of the railway station - His contention was that holding of public meeting in the road in front of the railway station is a regular feature - It causes traffic block on a regular basis and so much so prohibitory orders should be issued against P.W.D. and police authorities from granting permission to hold such meetings in front of the railway station - Review Petition is filed by the Chief Secretary to State Government along with the Executive Engineer, P.W.D. and Superintendent of Police - Held, It is a settled position that only persons aggrieved by the judgment are permitted to file Review Petition for reviewing the judgment - Petition allowed.

Judgment :-

Ramachandran Nair, J.

This Review Petition is filed by the Chief Secretary to State Government along with the Executive Engineer, PWD and Superintendent of Police, Alwaye, the respondents in the WPC, for reviewing the judgment of this Court rendered in a public interest litigation filed by the first respondent as WPC No. 19253 of 2010. Petitioner in the Public Interest Litigation is a resident in the Aluva Municipality who produced photographs along with the Petition showing the temporary stage constructed and the political meeting being held on the public road blocking the traffic in front of the railway station, the transport bus-stand being located on the other side of the road opposite to the railway station. Petitioner's case was that holding of public meeting in the road in front of the railway station is a regular feature and the same causes traffic block on a regular basis and so much so prohibitory orders should be issued against PWD and police authorities from granting permission to hold such meetings in front of the railway station. This Court on seeing the photographs, the genuineness of which is not doubted by the review petitioners, found that stage is constructed partially occupying tarred road and the space for audience is only the tarred road. It is seen that large number of people are sitting on chairs arranged in the tarred portion of the road substantially blocking the road and even preventing access of public to the railway station. After hearing petitioner's counsel we felt that public grievance should be redressed, that too urgently. Since photographs produced established blocking of road which is an illegal act, we felt that there can be no objection from State authorities against this Court passing orders to prevent the illegality. We ourselves have noticed political meetings being held in many busy junctions in the Kochi City substantially, if not fully, blocking traffic for long duration. Besides the travelling public and vehicles being held up in the road, even ambulances and vehicles carrying patients, pregnant women, and even accident victims transported for emergency medical aid to hospitals are stranded on the road on account of the traffic block caused during public meetings held on road and road margins. Invariably roadside meetings are organised by political parties and trade unions and no official, whether police, PWD, revenue or Municipal authority shows the courage to prevent holding of public meetings on road side. Law enforcing agencies invariably turn out to be spectators, if not victims of road blocks by themselves. Considering the urgent need to protect public interest not only to provide free passage to travelling public over the roads, but by taking into account the ground realities about the conditions of the Kerala roads and the need to protect the lives of sick and accident victims being transported to hospitals and since holding of public meeting on road and road margins was found to be illegal, we allowed the Writ Petition prohibiting the State authorities from granting any permission to hold meetings on public roads and road margins. While allowing the Writ Petition, which was filed in public interest, we felt that not only the residents of Aluva but also the people of the State as a whole should get the benefit of our judgment because public meetings are held not only in front of railway station at Aluva but also in every busy junction in every town, and village in the State, blocking the road. Since it was a public interest litigation, we felt it our duty to extend the benefit ofjudgment, that is prohibition against holding of public meetings on road and road margins, to the entire State so that the whole people are benefitted. In fact, the Chief Secretary to Government was impleaded only to ensure implementation of the judgment.

2. The judgment which was pronounced on 23.6.2010 was widely published in the media and in fact media reports confirm that judgment is r





































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