IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 12002 of 2008(D) -------------------------- PETITIONER: ------------ KATAMPAZHIPURAM BUS PASSENGERS ASSOCIATION, KATAMPAZHIPURAM, PALAKKAD DISTRICT REP. BY ITS PRESIDENT, P. BALAKRISHANAN BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- 1. THE KATAMPAZHIPURAM PANCHAYATH REP. BY IT SECRETARY 2. THE SUB INSPECTOR OF POLICE SREKRISHNAPURAM POLICE STATION SREEKRISHNAPURAM, PALAKKAD DISTRICT 3. THE CIRCLE INSPECTOR OF POLICE CHERPULASSERY, PALAKKAD DISTRICT 4. THE SUPERINTENDENT OF POLICE PALAKKAD DISTRICT 5. THE REGIONAL TRANSPORT AUTHORITY PALAKKAD 6. THE DISTRICT COLLECTOR PALAKKAD DISTRICT Addl. 7. THE BUS OPERATORS ASSOCIATION, PALAKKAD REP. BY ITS SECRETARY. “ 8. THE BUS OWNERS ASSOCIATION, PALAKKAD REP. BY ITS SECRETARY. (Addl. R7 and Addl.R8 is impleaded as per order in I.A. NO.5251/08 dt.9.4.08.) BY ADV. SRI.P.P.THAJUDEEN FOR R.1 SRI.MANSOOR.B.H. FOR R.1 BY GOVT. PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.12002/2008 ----------------------------------------------------------- Dated this the 5th day of August, 2008 JUDGMENT Petitioner is the Katampazhipuram Bus Passengers Association. Their main grievance is regarding the non user of the bus station constructed by the first respondent Panchayat. 2. According to the petitioner, by Ext.P4, a site was identified for the construction of the Panchayat Bus Stand, which was also placed before the RTA which considered the representation of the Panchayat for construction of a new bus stand near Katampazhipuram Government Hospital. Considering the said application, the RTA granted permission subject to compliance of rule 344 of the Kerala Motor Vehicles rules and the petitioner contends that in pursuance there of the Panchayat constructed the Bus Stand WP(c).No.12002/2008 2 and that the same was inaugurated on 23.4.2007. Petitioner is referring to Ext.P7 photographs to draw support to this submission. 3. According to him, although, the bus stand has been established by the Panchayat and that the same has been inaugurated as stated above, respondents 7 and 8 decided not to make use of the bus stand and accordingly issued oral instructions to their members and employees not to use the bus stand. According to the petitioner the Panchayat itself took up the matter of non-user of the bus stand with the authorities and finally the police and other authorities discussed the issue with all concerned but without any improvement in the situation. 4. It is stated that, finally the Panchayat itself submitted Ext.P12 request to the Superintendent of Police, requesting for his assistance to compel the vehicle operators to make use of the bus stand. According to the petitoner even Ext.P12 did not improve the situation. As a result of WP(c).No.12002/2008 3 this the bus stand continues to be unused and is the centre of all anti social activities. It is stated that subsequent to the filing of this writ petition a police constable was deputed in the bus station and that he is only an occasional visitor and as a result of which there is no improvement in the situation even as of now. It is in these circumstances, the petitioner praying for an order directing the respondents 2 to 4 to ensure that the bus operators made use of the bus stand constructed by the first respondent. 5. The counsel appearing for the panchayat submits that, although Panchayat has constructed a full fledged bus stand and that the same has been inaugurated as stated by the petitioner, the stage carriage operators do not make use of the facility. It is stated that the vehicles are parking on the main road, creating traffic congestion and that in order to avoid this situation, the only option is to compel the bus operators to make use of the bus stand. WP(c).No.12002/2008 4 6. Government Pleader on instruction submits that the 3rd respondent has issued instructions to the second respondent to deploy necessary police force in the bus stand area to ensure that respondents 7 and 8 and others make use of the facility. It is also stated that as a result there of all vehicles are now entering and making use of the bus stand. In so far as the complaint of the petitioner that the bus stand in question is the heaven of anti social elements, it is submitted that, such a complaint has not been received from anybody so far. 7. Although respondents 7 and 8 were impleaded in this writ petition and notice also has been served, but neither of them entered appearance before this court. 8. If a bus stand has been established on the strength of a permission that has been granted by the RTA, in my view the vehicle operators are bound to make use of the bus stand and they cannot avoid the same in any manner. On the other hand, if respondents 7 and 8 or their employees WP(c).No.12002/2008 5 are not making use of the bus stand, it is the duty of the respondents 2 to 4 to take appropriate action to ensure that the bus stand is utilised by the operators. I record the submission of the learned Government Pleader that on instruction of the 3rd respondent the second respondent posted a police personnel in order to ensure that respondents 7 and 8 and their employees are making use of the bus stand. 9. However, having regard to the submission made by the petitioner that even after the occasional presence of the police force, there has not been any improvement in the situation, I direct that respondents 2 to 4 shall always take appropriate action to ensure that the bus stand constructed by the first respondent is made use of by respondents 7 and 8. It is also directed that in the event of the directions are not complied with, appropriate penal proceedings will also be initiated by respondents 2 to 4. WP(c).No.12002/2008 6 Produce a copy of the judgment before respondents 2 to 4 for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.12002/2008 7