IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 13464 of 2007(C) --------------------------------------- PETITIONER(S): ----------------------- SOBI CHERIYAN, W/O.CHERIYAN, PALATHARA-HOUSE, ERAMALLUR, CHERTHALA, ALLEPPEY DISTRICT. BY ADVS. MR.E.G.GORDEN MR.SAJAN ANTONY.N MR.S.K.PREMJITH MENON MR.G.ANOOP MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. THE SECRETARY, CHALAKKUDY MUNICIPALITY, CHALAKKUDY. 3. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CHALAKKUDY. 4. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, THRISSUR. R1, R3 & R4 BY GOVT. PLEADER MR.K.SANILKUMAR R2 BY ADV. MR.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13464/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE WILL DTD. 4.4.99 NO.87/99 OF SRO CHALAKKUDY, TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.13464 OF 2007 (C) -------------------------------------------------- Dated this the 9th day of October, 2009 J U D G M E N T Grievance in this writ petition is regarding the proposal made by the 2nd respondent to put up a bus shelter in front of the plot of land having an extent of 25.25 cents in Sy. No.451/4 of Kizhakke Chalakkudy Village in Mukunthapuram Taluk, of which the petitioner claims to be the owner, she having acquired title over the said property by virtue of Ext.P1. It is stated that the 2nd respondent is proposing to shift the location of bus shelter, which was originally proposed to be constructed in front of the Chalakkudy Municipal Shopping Complex. It is at this stage the writ petition is filed. 2. The main contention raised by the counsel for the petitioner is that in view of Rule 206 of the KMV Rules, it is for the RTA to decide stopping places of stage carriages. According to the petitioner, no such decision has been taken by the RTA. The Municipality also has no case that any such permission has been obtained from RTA. WPC .No.13464/07 :2 : Accordingly, the writ petition is disposed of directing that if the 2nd respondent wants to proceed with the construction of bus shelter, as complained by the petitioner, the same shall be after obtaining orders from the appropriate authorities. (ANTONY DOMINIC) JUDGE vi/