IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WA.No. 403 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8655/2011 DATED 22/03/2011 .................... APPELLANT(S): RESPONDENTS 2 & 3 IN THE WRIT PETITION ---------------------------------------------------- 1. THE SECRETARY, KUNNAMKULAM MUNICIPALITY, KUNNAMKULAM.P.O., PIN- 680503, THRISSUR DISTRICT. 2. THE KUNNAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KUNNAMKULAM P.O., PIN-680503, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): WRIT PETITIONER AND 1ST RESPONDENT ------------------------------------------------- 1. PRIVATE BUS OPERATORS, KUNNAMKULAM, REG. NO. 646/1999, REPRESENTED BY ITS SECRETARY, E. RAJAN, S/O. PADMAVATHY AMMA, AGED 53 YEARS, PADINJARE EDUKKATT HOUSE, KADANGOD.P.O., PIN-680584, THRISSUR DISTRICT. 2. THE REGIONAL TRANSPORT AUTHORITY, AYYANTHOLE, THRISSUR-680503. ADV. SRI.K.RAMACHANDRAN FOR R1 SRI.P.RAMACHANDRAN FOR R1 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.403 of 2011 --------------------------------- Dated, this the 24th day of March, 2011 J U D G M E N T Ramachandran Nair, J. The Writ Appeal is filed against the interim order of the learned Single Judge. The learned Single Judge prohibited the appellants from insisting the buses to pass through the bus stand recently constructed by the Municipality. The bus operators association which is the petitioner before the learned Single Judge brought to the notice of the learned Single Judge that the bus stand is only under construction. There is no approval for the location of the bus stand is the finding of the learned Single Judge. 2. Since the bus stand is already constructed, we do not think the RTA can oppose it's location. However, we find force in the contention of the learned counsel for the 1st respondent that the bus stand is still under construction and as of now if buses are allowed to pass through the bus stand, the same will lead to massive dust pollution in the area. On this aspect we find the contention of the 1st respondent is tenable because even the photographs produced show that the bus stand is not even tarred. Therefore, it is for the W.A.No.403/2011 -2- Municipality to take immediate steps to complete tarring or black topping of the ground on which buses are running, and as and when the same is done, without waiting for the balance construction the Municipality can insist the buses to reach and halt in the bus stand and pass through the bus stand. The appellants are given freedom to move the learned Single Judge for vacating the interim order as and when tarring work is over. We do not find any bonafides in the contention of the 1st respondent that lack of toilet facility in the bus stand is a ground of their objection for entering and parking the buses there, because as of now they are stopping buses in busy area on road side in the town. However, simultaneously when black topping or tarring of the bus stand is completed, the Municipality should construct at least temporary toilets as well in the bus stand, as an urgent measure. This Writ Appeal is disposed of as above. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (BHABANI PRASAD RAY, JUDGE) jg