IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 11785 of 2007(C) -------------------------- PETITIONER --------------- PRIVATE BUS OPERATORS ASSOCIATION CC 47/551, CHITTOOR REGION, CHITTOOR TEMPLE ROAD (O.A.SREEKRISHNA BUILDING), KOCHI- 682 027, REP.BY ITS SECRETARY, P.K.NANDANAN. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: --------------- 1. CHERANELLOOR GRAMA PANCHAYAT, CHERANELLOOR, KOCHI- 682 023, REP.BY ITS SECRETARY. 2. SECRETARY, CHERANELLOOR GRAMA PANCHAYAT, CHERANELLOOR, KOCHI- 682 023. BY ADV. SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11785 of 2007(C) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE CHERANELLOOR GRAMA PANCHAYAT. EXT.P2 : TRUE COPY OF THE APPLICATION DATED 10.06.2006 SUBMITTED BY THE PETITIONER ASSOCIATION. EXT.P3 : TRUE COPY OF THE JUDGMENT DATED 01.09.2006 IN W.P.(C)NO.23859/2006 BY THIS HON'BLE COURT. EXT.P4 : TRUE COPY OF THE NOTICE DATED 2.12.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 15.1.2007 PREFERRED BY THE PETITIONER ASSOCIATION. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11785 OF 2007 ......................................................................... Dated this the 5th September , 2011 J U D G M E N T The petitioner is stated as aggrieved of the 'parking fees' sought to be realised by the Grama Panchayat by enhancing the same from the then existing amount of Rs.2/- to Rs.7/-. The case of the petitioner is that, there is no rhyme or reason for the enhancement; more so, when no amenities are being actually extended by the respondent/ Panchayat. It is in the said circumstance that a direction has been sought for to be given to the second respondent to pass fresh orders, after considering the grounds raised in the appeals preferred by the members of the association and also for an opportunity of hearing. 2. When the matter came up for consideration before this Court on 04.04.2007, urgent notice on admission was ordered. The respondent Panchayat, on appearance, filed a statement pointing out the actual facts and figures. No steps were taken by the petitioner to bring up the matter even for admission, after W.P.(C) No. 11785 OF 2007 2 the last posting in April, 2007 and the matter stands still to be admitted. 3. The learned Counsel for the respondents submits that the prayer raised by the petitioner is devoid of any merit or bonafides; simultaneously adding that the parking fee as Rs.2/- was fixed as early as in the year 1984, which was enhanced to Rs.7/- only from the year 2006. Referring to Rules 9 and 14 of the Kerala Panchayat Raj (Landing Places, Halting Places, Court Stands and other Vehicle Stands)Rules, 1995, the learned Counsel asserted that, even if no amenities are offered by the local authority, the parking fee that could be collected is a minimum of Rs.6/- and that the same can be enhanced up to Rs.10/- subject to the amenities provided. It is also stated in the statement that the particular Panchayat's Bus stand is a 'full fledged Bus stand' and that the Panchayat is offering all the necessary amenities. This Court does not find any merit in the writ petition. W.P.(C) No. 11785 OF 2007 3 Interference is declined and the same is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk