IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 8204 of 2011(A) ------------------------- PETITIONER(S): --------------- ANTONY KANDATHIL, KANDATHIL HOUSE, H.NO.236, KANANKAVAYAL P.O., IDUKKI DISTRICT. BY ADV. SRI.BIJU MARTIN RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-23. 2. THE RTO, PAINAVU P.O., IDUKKI DISTRICT. 3. THE ASSISTANT TRANSPORT OFFICER, PONKUNNAM P.O., KOTTAYAM DISTRICT-686506. 4. THE PERUVANTHANAM PANCHAYATH, REP. BY ITS SECRETARY, PERUVANTHANAM P.O., IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8204 of 2011 ----------------------------------------- Dated this the 16th March, 2011 JUDGMENT The petitioner is a resident of Peruvanthanam Village in Idukki district. The petitioner states that the persons residing in the locality depend mainly on stage carriage services operated by the Kerala State Road Transport Corporation for travel. The grievance voiced by the petitioner is that for want of a bus stop in the locality, he and other residents are put to serious inconvenience and hardship. It is stated that pointing out the difficulties experienced by the residents of the locality where he is residing, the petitioner has filed Ext.P1 representation before the Regional Transport Officer, Idukki and Ext.P2 petition before the 3rd respondent. The grievance voiced by the petitioner is that though more than three months have passed after Ext.P1 representation was filed, the Regional Transport Officer has not taken any action in the matter. In this writ petition he seeks a direction to the Regional Transport Officer, Idukki to consider Ext.P1 representation and pass orders thereon within a time limit W.P(C).No.8204 of 2011 -:2:- to be fixed by this Court. 2. Rule 206 of the Kerala Motor Vehicles Rules states that the State or Regional Transport Authority may, if no stopping place has been fixed for stage carriages in accordance with the provisions of any statute, fix such places for such carriages after consultation with such other authority as it may deem desirable. It is further provided that such stopping places shall be indicated by means of notice boards. Section 227 of the Kerala Panchayat Raj Act stipulates that the previous sanction of the Regional Transport Authority shall be obtained before any bus stand or halting place for motor vehicles is opened. It is therefore evident that a halting place for vehicles or a “bus stop” in layman's terms, can be fixed only by the Regional Transport Authority in consultation with the local authority. The Regional Transport Officer is only the Secretary of the Regional Transport Authority. He cannot take a decision of his own on Ext.P1 representation. However, as the Secretary of the Regional Transport Authority, Idukki, the second respondent, the Regional Transport Officer has a duty to place it before the Regional Transport Authority. In view of the provisions contained in rule 206 of the Kerala Motor Vehicles Rules the Regional Transport Authority will certainly have W.P(C).No.8204 of 2011 -:3:- to consult the local authority within whose jurisdiction the bus stop is required to be located. In such circumstances I dispose of the writ petition with a direction to the second respondent to forthwith place Ext.P1 representation before the Regional Transport Authority for consideration. The Regional Transport Authority shall take up Ext.P1 representation at its next meeting and shall take a decision on the representation with notice to and in consultation with the 4th respondent expeditiously and in any event within another three months thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8204 of 2011 ---------------------------- JUDGMENT 16th March, 2011