IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 2346 of 2011(P) ----------------------------------- PETITIONER(S): ---------------------- 1. KERALA BUS TRANSPORT ASSOCIATION, (REG.NO.TCR 710/2006), DOOR NO.426 (15-A) RAJIV GANDHI BUS TERMINAL, ALUVA, REPRESENTED BY ITS SECRETARY, P.M.GAFOOR. 2. K.M.NAVAS, AGED 41 YEARS, S/O.MUHAMMED, KARIPPAI HOUSE, THAIKKATTUKKARA P.O., ALUVA. BY ADV. SRI.P.DEEPAK RESPONDENT(S): ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, ERNAKULAM. 3. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY. 4. THE DEMOCRATIC YOUTH FEDERATION OF INDIA (DYFI), REPRESENTED BY ITS SECRETASRY DYFI BLOCK COMMITTEE, BTR MANDIRAM, KALAMMASSERY. 5. THE YOUTH CONGRESS (YC), REPRESENTED BY ITS PRESIDENT, YOUTH CONGRESS MANDALAM COMMITTEE, CONGRESS HOUSE, UNIVERSITY P.O., KALAMASSERY. tss W.P (C) NO. 2346/2011 *ADDL. R6 IMPLEADED. 6. KERALA VYAPARI VYAVASAI EKOPANA SAMITHY REG. NO.E 281/80, SOUTH KALAMASSERY UNIT, KALAMASSERY, REPRESENTED BY PRESIDENT K.M.HASSAN, S/O. MARACKAR, AGED 45. ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 4.2.2011 IN IA. NO.2008/2011. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS R4 & R5 BY ADV. SMT.M.M.JASMIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011, ALONG WITH WPC. NO.3660 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.2346/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SKETCH SHOWING THE LINE OF TRAVEL OF THE STAGE CARRIAGES PRIOR TO DECISION OF THE RTA DTD. 19.11.201O. P2:- COPY OF THE COMMUNICATION DTD. 14/06/2010 OBTRAINED FROM THE OFFICE OF THE C.I. OF POLCIE, CITY TRAFFIC EAST, EDAPPALLY. P3:_ COPY OF THE REPRESENTATION DTD. 16.6.2010 ADDRESSED TO THE 2ND RESPONDENT. P4:- ROUGH SKETHC SHOWING THE PROPOSALS ENCOMPASSED IN THE REPRESENTATION DTD. 16.6.2010. P5:- COPY OF THE JUDGMENT DTD. 6/7/2010 IN WPC. NO.19540/2010. P6:- COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DTD. 18.8.2010. P7:- COPY OF THE REPORT OF THE ASST. COMMISSIONER OF POLCIE DTD. 8.10.2010. P8:- COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DT.D 19.11.2010. P9:- COPY OF THE ROUTE SPECIFYING THE LINE OF TRAVEL OF STAGE CARRIAGES AS PER ORDER OF IST RESPONDENT DTD. 19.11.2010. P10:- COPY OF THE COMPLAINT DTD. 19.1.2011 ADDRESSED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).Nos.2346 &3660 OF 2011 ------------------------------------ Dated this the 11th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The matter involved in these writ petitions relate to the fixation of a particular route for buses in the Aluva- Kalamassery sector. It appears that on 10.8.2004, the Regional Transport Authority had taken a decision. Thereafter, on 19.11.2010, the RTA took yet another decision, which is now pending in revision as MVARP.No.3/11 before the State Transport Appellate Tribunal. The Bus Operators on the one hand; the local residents and the Vyapari Vyavasayi Ekopana Samithi on the other, appear to have controversies as to the identity of the route through which the buses should ply. We do not deem it appropriate now to go into that issue though certain arguments were advanced as to the sustainability of the decision of the RTA. With the passage of WPC.2346/11 & 3660/11 2 time, the Secretary, RTA has issued a communication to the Bus Operators indicating that the District Collector has decided to re-consider the earlier decision rendered on 19.11.2010. We are not on the legality of that also. These are matters which should gain the attention of the STAT. Having regard to the different stake holders with the Bus Operators and the public at large, we deem it appropriate that the STAT would give priority to the disposal of MVARP.3/11. At any rate, any request in that revision for interim relief either way would be considered and orders issued at the earliest. Since the parties in MVARP.3/11 are before us, we direct them to appear before the STAT on 14.2.2011. In the mean while, having regard to the apprehension expressed by the Bus Operators and in view of the RTA's stand that the area in question is prone to accidents, we direct that the police will ensure that law and order is appropriately maintained and will honour such orders as may be issued by the STAT. The writ petitions are ordered accordingly. WPC.2346/11 & 3660/11 3 Communicate copy of this judgment to the STAT today itself. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.11/2.