IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 OP(C).No. 2451 of 2011(O) ------------------------ AS. NO. 143/2011 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVNANATHAPURAM ..................... PETITIONER: -------------------- C.J.RAJU, SECRETARY, KOTTAYAM DISTRICT PRIVATE BUS TIME KEEPING ASSOCIATON, ETTUMANOOR UNIT, ETTUMANOOR PRIVATE BUS STAND BUILDING, ETTUMANOOR POST, KOTTAYAM DISTRICT. BY ADVS. SRI.P.KURUVILLA JACOB SMT.RAJI.P.JOY RESPONDENT(S): -------------------------- 1. THE ETTUMANOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, ETTUMANOOR GRAMA PANCHAYATH OFFICE, ETTUMANOOR POST, KOTTAYAM DISTRICT-686 631 2. THE SPECIAL GRADE SECRETARY, ETTUMANOOR GRAMA PANCHAYATH OFFICE, ETTUMANOOR POST, KOTTAYAM DISTRICT - 686 631. 3. THE ETTUMANOOR GRAMA PANCHAYATH COUNCIL, REPRESENTED BY THE PRESIDENT OF ETTUMANOOR GRAMA PANCHAYATH, ETTUMANOOR POST, KOTTAYAM DISTRICT-686631. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP(C).No. 2451 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE NO. K.1198/98 ISSUED TO KOTTAYAM DISTRICT PRIVATE BUS TIME KEEPING ASSOCIATION ON 26.11.98. EXT.P2 : COPY OF ORDER DATED 7.1.93 OF THE C.I. OF POLICE ETTUMANOOR GRANTING PERMISSION TO ETTUMANOOR PANCHAYATH PRIVATE BUS STAND AGENTS ASSOCIATION TO MAKE MIKE ANNOUNCEMENTS AT ETTUMANOOR PRIVATE BUS STAND. EXT.P3 : COPY OF AGREEMENT DATED 13.4.93 EXECUTED BETWEEN THE EXECUTIVE OFFICER OF ETTUMANOOR PANCHAYATH AND THE CONVENOR OF ETTUMANOOR PANCHAYATH PRIVATE BUS STAND AGENTS ASSOCIATION. EXT.P4(a) : COPY OF RECEIPT DATED 28.8.10 OBTAINED BY PETITIONER EVIDENCING PAYMENT OF RS. 1500/- TO 2ND RESPONDENT TOWARDS PROFESSIONAL TAX. EXT.P4(b) : COPY OF RECEIPT DATED 4.2.11 OBTAINED BY PETITIONER EVIDENCING PAYMENT OF RS. 1500/- TO 2ND RESPONDENT TOWARDS PROFESSIONAL TAX. EXT.P5 : COPY OF THE RENT RECEIPT DATED 21.4.10 ISSUED TO PETITIONER FROM THE OFFICE OF SECOND RESPONDENT. EXT.P5A : COPY OF THE RENT RECEIPT DATED 26.4.11 ISSUED TO PETITIONER FROM THE OFFICE OF SECOND RESPONDENT. EXT.P6 : COPY OF LETTER DATED 21.7.11 OF THE ASSISTANT PROVIDENT FUND COMMISSIONER, KOTTAYAM ISSUED TO PETITIONER. EXT.P7 : COPY OF THE DECISION DATED 4.9.10 OF 3RD RESPONDENT UNDER ITEM NO. VII(15) OF ITS MEETING. EXT.P8 : COPY OF THE NOTIFICATION NO. A1.14868/2010 DATED 16.2.11 PUBLISHED BY 2ND RESPONDENT. EXT.P9 : COPY OF ORDER DATED 16.2.11 IN APPEAL NO. 143/11 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2451 of 2011 --------------------------------------- Dated this 29th day of July, 2011 JUDGMENT Petitioner challenges Ext.P9, order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram. Petitioner preferred that appeal challenging the proposed auction by the respondent, panchayath of the right to announce timing of buses passing through its bus stand. Ext.P8, auction/quotation notice dated 16.02.2011 was issued. Item No.12 in Ext.P8 is the auctioning of right to make announcement in the bus stand for the period of 01.04.2011 to 31.03.2012. Petitioner contended that himself and others have been conducting announcement since long in the bus stand with spaces alloted to them for the purpose and that respondent has even collected rent for the period from 2010-2011 and 2011-2012. Exts.P4 and P5, series are produced to show payment of professional tax and license fee during the said period. Learned counsel contends that in view of the above, petitioner is entitled to continue announcement atleast on 31.03.2012. 2. In Ext.P9, order the Tribunal has pointed out that the Local Fund Audit Team had found defect in the panchayath not O.P(C).No.2451 of 2011 -: 2 :- auctioning the right to make mike announcement as provided under Rule 14 of the Kerala Panchayath Raj (Landing Places, Halting Places, Cart Stands and Other Vehicles Stands) Rules, 1995 and it is pursuant to the direction issued by the Local Fund Audit Team that Ext.P8, notification was issued. I am not inclined to think that because petitioner was doing mike announcement since long, he must be permitted to continue so, indefinitely. Ext.P8 is the auction/quotation notice and it is open to the petitioner also to take part in the auction/submission of quotation as the case may be. I have gone through Ext.P8, notification and Ext.P9, order and find no reason to interfere. This original petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-