Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Right to Promotion is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
12 Mar 2026
Section 4 Official Secrets Act Presumption and Prima Facie Evidence Bar Bail in Espionage Case: Punjab & Haryana HC
14 Mar 2026
Centre Revokes Wangchuk's NSA Detention Amid SC Challenge
14 Mar 2026
No Interference Allowed in Religious Prayers on Private Premises: Allahabad HC Cites Maranatha Precedent
14 Mar 2026
No Proof of Absolute Ownership by Mizo Chiefs Bars Fundamental Rights Claim Under Article 31: Supreme Court
14 Mar 2026
Back
Next 
KERALA HIGH COURT
, J
Jimmichan Mathew alias Tomy v. State of Kerala and Others
Headnote: Read headnote
1. The petitioners in these writ petitions are challenging the action of the Grama Panchayat in prohibiting transport of heavy vehicles through the Maduraparampu - Chempilavu road, in purported exercise of the power conferred under S.170 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act).
Since the issues raised are similar, the writ petitions are disposed of by this common judgment.
2. The petitioner in W.P.(C)No.7138 of 2021 has been conducting a metal crusher unit from 2003. It is submitted that after the general elections to the Kerala Legislative Assembly was held in 2020, objections were placed before the Panchayat committee regarding heavy vehicular traffic in the road mentioned above. On 10.3.2021, the Panchayat issued Ext.P5 notice to the petitioner in W.P.(C)No.7138 of 2021 pointing out that a notice board prohibiting heavy vehicular traffic in the Road has been placed in the road, and, directing him to stop plying such vehicles in the Road and
The Panchayat lacks authority to regulate traffic, which is designated to the Government under the Motor Vehicles Act.
Public authorities must adhere to statutory procedures before imposing restrictions on public road access; failure to do so renders such restrictions unlawful.
Local authorities must measure road widths and enforce vehicle weight regulations as per statutory provisions.
Section 272 of K.P.R. Act provides that all roads vested in or maintained by a Panchayat shall be open to use and enjoyment of all persons.
The court held that only the Secretary of the Panchayat holds the authority to consider applications for trade licenses under the Kerala Panchayat Raj Act, affirming limitations on the Panchayat's ju....
The court upheld the notification restricting heavy vehicle operation on narrow roads, affirming its legality under the Motor Vehicles Act.
The court emphasizes timely enforcement of administrative orders to protect public access and uphold constitutional rights against unauthorized obstructions.
Authorities cannot override traditional rites without adherence to statutory frameworks for consideration of grievances.
Section 191(4) of Kerala Panchayat Raj Act, 1994 is valid as Tribunal hearing under Section 191(2) ensures natural justice before Government suspension. Section 233(3) limits Panchayat to imposing co....
Court emphasized the enforcement of local governance decisions against disruption of business operations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article