IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 1ST OCTOBER 2007 / 9TH ASWINA 1929 WP(C).No. 25552 of 2007(P) -------------------------- PETITIONERS: ------------ 1. ABDUL SALIM, AGED 35 YEARS, S/O AHAMMED KUTTY HAJI, THEKKEPULLADI, KATHIPARA P.O., THAMARASSERY. 2. SHABEER BABU, AGED 26 YEARS, S/O ABDUL RAHIMAN, NELLIKKUNNUMMEL HOUSE, KODUVALLY. BY ADV. SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE. 3. DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY. 4. THAMARASSERY GRAMA PANCHAYATH, REP. BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, THAMARASSERY. 5. THAMARASSERY GRAMA PANCHAYATH COMMITTEE, REP. BY ITS PRESIDENT GRAMA PANCHAYATH OFFICE, THAMARASSERY. R1 TO R3 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR R4-R5 BY ADV. SRI.K.A.SALIL NARAYANAN SRI.P.V.KUNHIKRISHNAN WPC 25552/07 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT NO REPRESENTATION FOR THE PETITIONERS. COUNSEL FOR THE PANCHAYAT SUBMITS THAT THE BUS-STAND IN QUESTION IS ALREADY SHIFTED TO KARADI. IN VIEW OF THE ABOVE SUBSEQUENT EVENT, COUNSEL SUBMITS THAT THE WRIT PETITION HAS BECOME INFRUCTUOUS. HOWEVER, IN THE ABSENCE OF THE COUNSEL FOR THE PETITIONERS, I DISMISS THE WRIT PETITION ONLY FOR DEFAULT. 1.10.2007 SD/- PIUS C.KURIAKOSE, JUDGE. SRD (TRUE COPY) P.A. TO JUDGE. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.25552 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 JUDGMENT It is submitted by Sri.Salil Narayanan, learned counsel for the Panchayat that the bus station in question was completed way back in the year 2002 and that the station became functional in August 2007. Sri.Parthasarathy, appearing for the 6th respondent submits that the bus station actually became operational in 2002 and Ext.R4(a) traffic arrangements were introduced in 2007. I do think that this court will be justified in invoking discretionary jurisdiction under Article 226 in this case where Ext.R2(a) traffic arrangements were implemented prior to the institution of the writ petition. Without foreclosing petitioner's remedy, if any before the Transport Advisory Committee or Regional Transport Authority, I decline the reliefs sought for. PIUS.C.KURIAKOSE JUDGE sv.