IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 12659 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------ C.T.NAZIR, S/O.BEERAN KUTTY, AGED 35 YEARS, MANJAKUZHI HOUSE, PUNNPALA P.O., THAYANKODE, MALAPPURAM. BY ADVS.MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVT., DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. VANDOOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, VANDOOR, MALAPPURAM DISTRICT. 3. SECRETARY, VANDOOR GRAMA PANCHAYATH, VANDOOR, MALAPPURAM DISTRICT. 4. NILAMBOOR TALUK PRIVATE BUS OPERATORS ASSOCIATION, NILAMBOOR, CHANDAKKUNNU P.O., MALAPPURAM DISTRICT, REP. BY ITS PRESIDENT. R1 BY GOVT. PLEADER MR.I.V.PRAMOD R2 & R3 BY ADV. MR.B.H.MANSOOR R4 BY ADV.MR.K.V.GOPINATHAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, ALONG WITH WPC NO. 13209 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NOs.12659 & 13209 OF 2009 ............................................ DATED THIS THE 21st DAY OF OCTOBER, 2009 JUDGMENT There are two bus stands in Vandoor Grama Panchayat, for private buses. Though one was closed down for renovation, the bus operators were threatened with coercive action referable to the demand for payment of bus stand fee. The Bus Operators' Association therefore filed WP (C)13209 of 2009. Even before that, WP(C)12659 of 2009 was filed by the Contractor, who was engaged to collect the fee from the buses which come to the bus stand, which was closed down for renovation. 2. In WP(C) 13209 of 2009, this court had issued an order that bus stand fee shall not be collected so long as the bus stand is closed down for renovation. In WP(C)12659 of 2009, the Wpc 12659/09 & conn,. 2 respondents were directed to ensure that the rights of the Contractor is protected. 3. With the passage of time, it is now reported by the learned counsel for Grama Panchayat that renovation is over and both the bus stands are operational and that bus operators will be liable to pay bus stand fee only from the date on which bus stand has become operational, after renovation, that is 7.8.2009. If the buses were parked in another bus stand, that is a matter which has to be dealt with separately for collection of bus stand fee. Any request of the Contractor for remission, etc, in the facts and circumstances of the case, would be considered leniently by the panchayat, in accordance with law. The aforesaid situation does not warrant any further direction, as of now. All steps initiated for the period prior to 7.8.2009 will Wpc 12659/09 & conn,. 3 stand dropped. These writ petitions are ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/10