IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 28208 of 2009(U) -------------------------- PETITIONER(S): --------------- SUNIL DUTH, KIZHAKKEVILAKOM, PANDAKASALA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM DISTRICT. 2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL-695101. 3. CIRCLE INSPECTOR OF POLICE, ATTINGAL. 4. THE SUB INSPECTOR OF POLICE, ATTINGAL. 5. THE ATTINGAL MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ATTINGAL. 6. THE SECRETRY, ATTINGAL MUNICIPALITY, MUNICIPAL OFFICE, ATTINGAL. 7. THIRUVANANTHAPURAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE THIRUVANANTHAPURAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, KOCHUVILA JUNCTION, ALAMCODE (P.O), ATTINGAL. 8. KAVIRAJAN, SECRETARY, THIRUVANANTHAPURAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, KOCHUVILA JUNCTION, ALAMCODE (P.O), ATTINGAL. : 2 : WP(C).No. 28208 of 2009(U) 9. THIRUVANANTHAPURAM DISTRICT (RURAL) PRIVATE BUS OWNERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE THIRUVANANTHAPURAM DISTRICT (RURAL) PRIVATE BUS OWNERS ASSOCIATION, VELARKUDI, ATTINGAL (P.O). 10. SRI.SARNGADHARAN, PRESIDENT, THIRUVANANTHAPURAM DISTRICT (RURAL) PRIVATE BUS OWNERS ASSOCIATION, VELARKUDI, ATTINGAL (P.O). 11. SRI.JAYAN, SECRETARY, THIRUVANANTHAPURAM DISTRICT (RURAL) PRIVATE BUS OWNERS ASSOCIATION, VELARKUDI, ATTINGAL (P.O). 12. SRI.SABU, S/O.SAINULABDEEN, JANATHA MOTORS, MANANAKKU, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.MILLU DANDAPANI FOR R7,9,11&12 SRI.SEBIN THOMAS FOR R7,9,11&12 SMT.P.V.SHEETHAL FOR R7,9,11&12 SRI.JITHIN PAUL VARGHESE FOR R7,9,11&12 SRI.M.R.ANANDAKUTTAN FOR R5 SMT.M.A.ZOHRA FOR R5 SRI.R.S.MADHU FOR R5 SRI.MAHESH ANANDAKUTTAN FOR R5 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON 02/12/2009 DELIVERED THE FOLLOWING: W.P(C)No.28208/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE NO.R4-158/009 DATED 30-3-2009 OF THE 6TH RESPONDENT. EXT.P2. TRUE COPY OF THE ACKNOWLEDGEMENT CARD NO.3754/2009 DATED 27- 5-2009 EXT.P3. TRUE COPY OF THE ACKNOWLEDGEMENT CARD NO.4644/2009 DATED 29-6-2009 EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 30-7-2009 SUBMITTED BY THE PETITIONER TOO THE 6TH RESPONDENT. EXT.P5. TRUE COPY OF THE ORDER NO.R4-158/09(1) DATED 25-8-2009 OF THE 6TH RESPONDENT. EXT.P6. TRUE COPY OF THE ORDER NO.R4-158/09(1) DATED 10-09-2009 OF THE 6TH RESPONDENT. EXT.P7. TRUE COPY OF THE NOTICE DATED 11-9-2009 EXT.P8. TRUE COPY OF THE LETTER NO.R4-158/09(1) DATED 14-9-2009 OF THE 6TH RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R7(1) TRUE COPY OF THE CONDITIONS FOR TENDER FOR THE PERIOD 2008- 2009 ISSUED BY THE 6TH RESPONDENT MUNICIPALITY. EXT.R7(2) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF THIRUVANANTHAPURAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION TO THE CHAIRMAN OF THE MUNICIPAL COUNCIL ON 14-9-2009. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.28208 of 2009 ----------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer:- (i) issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondents 2 to 4 to give adequate and effective police protection to the petitioner and his employees and also for collecting the bus stand fees and route announcement fees as per Ext.P1 and P6 at the Attingal Municipal Bus stand during the financial year 2009-10, from the illegal and highhanded actions of respondents 7 to 12, their employees and henchmen. According to the petitioner owing to resistance from respondents 7 to 12 he is not in a position to collect the bus-stand fee as duly authorised by the 5th respondent Municipality. The Municipality supports the case of the petitioner. It is submitted that the Municipality has duly authorised the petitioner as per the tender, to collect the fees. Learned Senior Counsel appearing for W.P(C)No.28208 of 2009 -:2:- respondents 7 to 12 submits that collection of announcement fee is not an authorised levy. It is also submitted that there was no such condition at the time of tender. Still further it is the case of the party respondents that the levy was given as a special concession to the petitioner. In view of the vehement submission on the part of the learned Senior Counsel that the levy is not authorised as per the tender condition we called for the records pertaining to the tender. We find from the tender notification itself that the Municipality had notified not only the collection of bus stand fee, but the announcement fee also. We find from the records that the Municipality had not in fact fixed the rates. It was for fixation of rates, the petitioner made the representation before the Municipality and the Municipality only fixed the rates as per its decision dated 14-8-2009. We find from Ext.R7 that the party respondents have taken up the matter in appeal before the Municipal Council. Therefore, it is only appropriate that the party respondents pursue their proper remedy, which they have pursued before the Municipal Council. However, there is no justification in not permitting the petitioner to collect the W.P(C)No.28208 of 2009 -:3:- announcement fee as fixed by the Municipality and as duly authorised, until a decision is taken by the Municipality in the appeal/appeals filed by the party respondents. Therefore, this writ petition is disposed of directing respondents 1 to 4 to render necessary assistance to the petitioner to collect the bus stand fee and the announcement fee as duly authorised by respondents 5 and 6. However, this will be subject to the decision taken by the Municipality in the appeals filed by respondents 7 to 12. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.28208 of 2009 ---------------------------- JUDGMENT 2nd December, 2009