IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 DBA.No. 54 of 2010() -------------------- PETITIONER ------------------------------ TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. BY ADV. SRI.V.KRISHNA MENON RESPONDENT: --------------- THE DEPUTY DIRECTOR FOR LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. ADDL. RESPONDENT: 2. KERALA STATE ROAD TRANSPORT CORPORATION, THIUVANANTHAPURAM. (ADDL. RESPONDENT IS IMPLEADED SUO MOTO VIDE ORDER DT.29.7.2010 IN THE D.B.A.) G.P. SRI.LAKSHMY NARAYAN FOR R1 SRI.NANDAGOPAL NAMBIAR,SC KSRTC FOR R2 SRI.KRISHNAKUMAR MANGOT (AMICUS CURIAE) FOR OMBUDSMAN THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... D.B.A. No.54 of 2010 .................................................................... Dated this the 12th day of August, 2010. ORDER Ramachandran Nair, J. The application filed by Devaswom Board is for approval for construction of building for parking fee collection at Chalakkayam. The Master Plan provides for massive parking facility at Nilackal. KSRTC has been operating short trips between Nilackal and Pampa during the last season. At our request Standing Counsel for KSRTC has informed the court that KSRTC can take up ferrying business of pilgrims from Nilackal to pamba on an exclusive basis. Once the Master Plan is implemented providing for parking facility for the vehicles at Nilackal, it may not be necessary for the Devaswom Board to have a collection centre at Chalakkayam because the work may be entrusted to KSRTC probably on terms of sharing the revenue. In the circumstances, we feel a massive investment of above Rs.30 lakhs in a building construction for collection of parking fee should not be undertaken now because it may turn out to be an unnecessary 2 investment later. On the other hand if it is to be established, Devaswom can apply for permission from this court later. Since we are not approving the construction of the building this season, the matter could be sorted out with the Government, Devaswom Board and the KSRTC after discussion among themselves and depending on the parking and other facilities visualised under the Master Plan which is also being implemented. We, therefore, close the D.B.A. without deciding the matter but leaving freedom to the Board to apply for approval, if and when decided later. The Government's contention that construction cannot be permitted in the area sought for by the Devaswom Board will also be considered later when the occasion arises. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms