IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 10581 of 2008(I) --------------------------------------- PETITIONERS: ---------------------- 1. C.T.JAMES, S/O.THOMAS AGED 45, KUREEKKATIL, PONKUNNAM P.O., 2. K.T.THOMAS, KUMBUKKAL HOUSE, PONKUNNAM P.O. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS : ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ARPOOKARA GRAMA PANCHAYAT, REPRESENTED BY THE SECRETARY, ARPOOKKARA, KOTTAYAM. 3. THE SECRETARY, ARPOOKARA GRAMA PANCHAYAT ARPOOKKARA, KOTTAYAM. SRI. V. MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009 ALONG WITH WPC NO.19240/2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10581 of 2008(I) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: EXHIBIT P1: TRUE COPY OF THE COMMUNICATION DATED 17/3/2008 ISSUED TO THE 1ST PETITIONER. EXHIBIT P2 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DATED 17/3/2008. EXHIBIT P3: PHOTOCOPY OF THE JUDGMET IN WPC NO.17773/03. EXHIBIT P4: PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.11712/2006. /TRUE COPY/ P.A. TO JUDGE scm PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 10581 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2008 ORDER Sri.Lijy.J.Vadakkedom, learned counsel for the petitioners draws my attention to the judgment of this court in Sulaiman v. State of Kerala ( 2003(3)KLT Case No. 169 Page No.133) and also to the judgment in Mohandas Nayak v. Kumbala Grama Panchayat ( 2007(4)KLT 367) and submits that since the right which has been conferred on the petitioner is the right to collect bus stand fees and also from the users of comfort station and the clock room provided in the bus station and like fee, agreement executed on stamp paper of value Rs. 50 will be sufficient. I find considerable merit in the above submission. Issue notice on admission by speed post to respondents 2 and 3. Government Pleader takes notice for the first respondent. In the meanwhile, there will be an interim order in the following terms: Respondents 2 and 3 are directed to permit petitioners 1 and 2 to execute an agreement incorporating their rights to collect fee at WPC.No.10581/08 2 Medical College, Kottayam Private Bus stand (as evidenced in Exts.P1 and P2 communication) on stamp paper of value Rs. 50/- pending disposal of the writ petition. PIUS.C.KURIAKOSE JUDGE H/O sv. WPC.No.10581/08 2