IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 23282 of 2010(I) -------------------------- PETITIONER(S): --------------- SECRETARY, TURUR TALUK PRIVATE BUS OPERATORS ASSOCIATION, REPRESENTED BY SECRETARY V.P.KUTTY HASSAN, AL-SILAH TOWER, NEAR BUS STAND, CHEMBA ROAD, TIRUR-676 101, MALAPPURAM DISTRICT. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. TIRUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TIRUR-676 101. 2. D.T.O., K.S.R.T.C, TIRUR, MALAPPURAM DISTRICT-676 101. 3. TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM-695 001. SHRI V.V.NANDAGOPAL NAMBIAR, SC, KSRTC GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23282/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2010 J U D G M E N T The petitioner herein is the Tirur Taluk Private Bus Operators' Association, represented by its Secretary. The main complaint raised in the writ petition is that in the bus stand established by the Municipality, the K.S.R.T.C has been provided a Station Master's Office, which according to the petitioner goes against the various provisions of the Kerala Motor Vehicle Rules, specifically, Rule 207. It is submitted that the Municipality has exceeded its jurisdiction in allotting space to the K.S.R.T.C as per Ext.P3 resolution. It is also mentioned that the petitioner has approached the Tribunal for the Local Self Government Institutions by filing Ext.P5 appeal and Ext.P7 is the copy of the stay petition filed before the Tribunal. The pleadings show that the Tribunal has issued notice on the stay petition. 2. The learned Senior Counsel appearing for the petitioner submitted that in the meanwhile, as revealed from Ext.P8, a press report, K.S.R.T.C has taken possession of the space and unless appropriate interim orders are passed herein, the remedy before the Tribunal will be frustrated. W.P.(C). No.23282/2010 -:2:- 3. Since the Tribunal is already seized of the matter, and as the petitioner has already availed the statutory remedy under Section 509(7) of the Kerala Municipality Act, this Court may not be justified in entertaining this writ petition. Already the Tribunal has issued notice on the stay petition. It is clear from Exts.P5 to P7, the appeal and the stay petition that the K.S.R.T.C is not made a respondent also. The learned Senior Counsel for the petitioner submitted that appropriate application will be made before the Tribunal to implead the K.S.R.T.C. Without prejudice to the remedy of the petitioner to seek appropriate orders from the Tribunal, this writ petition is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE