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2025 Supreme(Online)(Ker) 57430

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
NANDAKUMAR A – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SHOBY K.FRANCIS, SMT.AGI SHOBY, SMT.SHIFANA M.
For the Respondents: GOVERNMENT PLEADER SRI.K.MOHANAKANNAN

Table of Content
1. legitimacy of transport restrictions based on road capacity. (Para 1 , 2 , 3 , 4 , 5)
2. dismissal of the writ petition. (Para 6)

JUDGMENT

The writ petition is filed with the following prayers:-

“(I). Issue a writ of Certiorari and quash Exhibits P-4 and P-5 and its all further proceedings.

(II). Issue a Writ of mandamus directing respondents to permit petitioner to ply his vehicles to transport the ‘granite aggregates’ and other permitted goods on the Menonpara- Ozhilapathy road, having loading capacity of more than 10 tons without any kind of obstruction from anybody.

(III). Issue a writ of mandamus directing the respondents 2 to 5 to remove Exhibit P-6 public notice board erected by the side of Menonpara-Ozhalappathy Road forthwith.

(IV) To dispense with the filing of translation of vernacular documents AND (V). Issue such other relief this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. Through Ext.P4 notification dated 29.09.2015, the Government of Kerala, through its Transport Department, passed the following:-

“NOW THEREFORE, in exercise of powers conferred by section 115 of The Motor Vehicles Act , 1988, (Central Act 59 of

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