IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 22157 of 2011(T) ---------------------------------------- PETITIONER(S): -------------------------- 1. K.KOYA,AGED 58 YEARS,S/O.CHEEKKU, VADAKKEKANDY HOUSE,POST KOLAKKATTUCHALLI, CHELAMBRA,MALAPPURAM DISTRICT. 2. A.M.SIDDIQUE,AGED 37 YEARS, S/O.MOHAMMED SHAH,MANAT HOUSE,PALLIKKAL PUVIPARAMBA,NEAR KAKKENCHERRY JUNCTION, MALAPPURAM DISTRICT. 3. K.HANEEFA,S/O.KAMMU,VADAKKEKANDY HOUSE, KOLAKKATTUCHALI,CHELAMBRA,MALAPPURAM. BY ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON, SMT.ANJU P.NAIR. RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM REPRESENTED BY SECRETARY, MALAPPURAM-679 357. 2. SUPERINTENDENT OF POLICE,MALAPPURAM, PIN-679 357. 3. CIRCLE INSPECTOR OF POLICE,TIRURANGADI,PIN-679 306. 4. SUB INSPECTOR OF POLICE,THENHIPPALAM, PIN-679 309. Kss ..2/- ..2.... WPC.NO.22157/2011 T 5. CHELAMBRA GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY,P.O.CHELAMBRA, MALAPPURAM DISTRICT,PIN-679 357. *ADDL.R6 & R7 IMPLEADED: R6. THE AUTO TAXI DRIVERS CO-ORDINATION COMMITTEE, KAKKANCHERRY, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY SRI. MOHANAN. R7. THE PRESIDENT, AUTO TAXI DRIVERS CO-ORDINATION COMMITTEE, KAKKANCHERRY, MALAPPURAM DISTRICT, SRI. SHANMUGHAM. (*ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DTD. 17/10/2011 IN I.A.NO.16217/2011) R1 TO R4 BY SR.GOVERNMENT PLEADER SRI. CYRIAC KURIAN R5 BY ADV. SRI.E.NARAYANAN ADDL.R6 & R7 BY ADV.SRI.K.A.SALIL NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22157/2011 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SITE PLAN OF THE AREA, WHICH WOULD GIVE A CLEAR PICTURE REGARDING THE PRESENT SITUATIONI OF THE SITE. P2: COPY OF THE PETITION SUBMITTED BY THE PETITIONERS ALONG WITH OTHER LOCAL RESIDENTS BEFORE R1 TO R4. P3: COPY OF RECEIPT OF EXT.P2 GIVEN BY THE 2ND RESPONDENT ON 8/02/2011. P4: COPY OF JUDGMENT IN WP(C) NO.7346/2011 DTD. 9/03/2011. P5: COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT DTD. 15/03/2011. P6: COPY OF ACKNOWLEDGMENT RECEIPT DTD. 15/03/2011 GIVEN FROM THE OFFICE OF THE 1ST RESPONDENT FOR RECEIPT OF EXT.P5. P7: COPY OF RECEIPT DTD. 15/03/2011 ISSUED FROM THE OFFICE OF 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22157 OF 2011 -------------------------- Dated this the 17th day of October, 2011 J U D G M E N T The petitioners are residents of Chelambra Grama Panchayat. They have filed this writ petition mainly seeking a direction to respondents 1 to 3 to take up Ext.P5 representation filed by them wherein they have prayed for shifting the existing Autorickshaw stand at Kakkencherry junction to another locality. By an interim order passed on 26.8.2011 this Court directed the Regional Transport Authority, Malappuram to consider Ext.P5 petition with notice to the petitioners and the 5th respondent in the writ petition and to take an appropriate decision thereon after following the prescribed procedure expeditiously and within a period of two months from the date of receipt of a copy of the order. It is brought to my notice that till date a decision has not been taken in the matter for the reason that the report which was called for by the Regional Transport Authority from the 5th respondent has not so far been received. In such circumstances, as the primary authority is yet to take a decision in the matter, I am of the opinion that the WPC No.22157/2011 2 Regional Transport Authority should take a decision on Ext.P5 with notice to the petitioners and respondents 5, 6 and 7 and after affording them a reasonable opportunity of being heard. A final decision in the matter shall be taken expeditiously and in any event within three months from the date on which the petitioners produce a certified copy of this judgment before the Secretary, Regional Transport Authority, Malappuram. The contentions of both sides on the merits are kept open. The Regional Transport Authority shall after orders are passed in the matter, communicate it to all the parties concerned. P.N.RAVINDRAN, (JUDGE) vps