IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 32524 of 2007(S) -------------------------- PETITIONER(S): --------------- 1. VINOD KUMAR, AGED 40, S/O.RAMACHANDRAN NAIR, UNIT SECRETARY, KSRTEA, KAYAMKULAM UNIT, KSRTC BUS STAND, KAYAMKULAM, ALAPPUZHA DIST. 2. G.SUHRUDHAN, AGED 58, S/O.LATE GOVINDAN, TRIPTHI, CHANGANKULANGARA, OACHIRA P.O., KOLLAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.E.M.MURUGAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, OACHIRA GRAMA PANCHAYATH, OACHIRA, KOLLAM. 3. CHAIRMAN & MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R3 SRI.B.HARISH KUMAR FOR R2 GOVT.PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32524/2007 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER NUMBERED PIO-308/20007. EXT.P2 : TRUE COPY OF THE CHIEF ENGINEER'S REPORT. EXT.P3 : TRUE COPY OF THE DECISION TAKEN BY THE OACHIRA GRAMA PANCHAYAT IN ITS MEETING DT. 22.4.2005. EXT.P4 : TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE CHIEF MINISTER OF KERALA BY THE 2ND PETITIONER ALONG WITH 500 OTHERS. TGS KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.P.(C) No.32524 of 2007 ---------------------------------------------- Dated 1st July, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed in public interest, with the following prayers :- (i) “Issue a writ, order or direction in the nature of Prohibition or other appropriate writs prohibiting the proposed move of the 2nd respondent to construct a multi-storeyed commercial complex in the property vested with the KSRTC at Ochira. (ii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writs directing the 3rd respondent to take immediate action to get mutation effected in Thandaper account in the name of KSRTC with respect of the 62 cents of property vested with the KSRTC at Ochira. (iii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writs directing the 1st respondent to take immediate action on Ext.P4 representation in the interest of justice.” It is seen that the Government is in seizin of the matter, as can be seen from Ext.P4. Therefore, there will be a direction to the first respondent to consider Ext.P4 with notice to the petitioners and respondents 2 and 3 and take appropriate action thereon in accordance with law. This shall be done within a period of four months from the date of production of a copy of the judgment WP(C) NO.32524/07 2 along with a copy of the writ petition by either party. The interim order passed by this court will continue till a decision is taken as above. The decision thus taken shall be communicated to the parties. I.A.No.7807/09 : Dismissed. KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.P.(C) No.32524 of 2007 ---------------------------------------------- J U D G M E N T Dated 1st July, 2009.