IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 19785 of 2007(E) -------------------------- PETITIONERS: --------------- 1. SARAMMA KUNJUKUNJU, PALACE LAND LODGE, PULAMON, KOTTARAKKARA. 2. R.RAJA, MANAGER, HOTEL NEW ARIYABHAVAN, PULAMON P.O., KOTTARAKKARA. 3. S.VENUGOPAL, KEERTHI MEDICALS, PULAMON, KOTTARAKKARA. 4. R.MAHESWARA KUMAR, ASHOK BOOK DEPOT, PULAMON, KOTTARAKKARA. 5. G.RADHAKRISHNAN, SHRI.GURUVAYOORAPPAN BOOK DEPOT, PULAMON, KOTTARAKKARA. BY ADV. MS.AYSHA YOUSEFF MS.MOLLY JACOB RESPONDENTS: --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC BHAVAN, TRIVANDRUM. 2. DISTRICT TRANSPORT OFFICER, KOTTARAKKARA 3. KOTTARAKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOTTARAKKARA. ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R.1,R2 MR.C.J.JOY FOR R.3 MR.K.K.VIVEKANANDAN FOR R.3 MR.SHOBA NAIR FOR R.3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON DELIVERED THE FOLLOWING: WP(C).No. 19785 of 2007(E) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: RESOLUTION NO.9(16) DTD. 17.11.1998 OF R3. EXT.P2: JUDGMENT DTD. 2.4.2001 IN O.P.NO.9926/2001 EXT.P3: RESOLUTION DTD. 14.1.2003 OF R3. EXT.P4: NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY DTD. 18.6.2007. EXT.P5: MEMORANDUM DTD. 18.6.2007 OF R1. EXT.P6: REPRESENTATION DTD. 22.6.2007 SUBMITTED BY THE PETITIONERS BEFORE R1. EXT.P7: SKETCH SHOWING THE IRON BAR WITH CHAIN FENCING. RESPONDENTS' EXHIBITS: NIL. .... // TRUE COPY // P.A TO JUDGE. P.R.RAMACHANDRA MENON, J. ----------------------------------- W.P.(C).No.19785 of 2007 - E --------------------------------- Dated this the 26th day of March, 2009 J U D G M E N T The prayer of the petitioner is to direct the 1st respondent to implement Exts.P1 and P3 resolutions taken by the 3rd respondent - Panchayath and also to provide two openings on the compound wall to be reconstructed on the eastern side of the Kottarakkara Bus Depot, as being pursued vide Ext.P5. 2. The petitioners are small and medium scale traders conducting their business in the Palace Land Shopping Complex situated on the eastern side of the KSRTC depot at Kottarakkara. The first petitioner is the owner of a shopping complex where she is conducting a lodge as well. The case of the petitioners is that no compound wall is in existence on the eastern boundary of the KSRTC bus stand, which was the position with regard to the other three sides as well. By virtue of the above position, the passengers and the general public had very easy access from the bus stand to the shops functioning in the shopping complex and had a clear vision in between; which virtually was blocked when W.P.(C).No.19785 of 2007 - E 2 the 1st respondent constructed a compound wall in between. 3. On bringing the issue to the notice of the Panchayath, they had passed Ext.P1 resolution on 17.11.1998, resolving to request the 1st respondent to provide some opening at two places so as to cater to the need of the general public. Subsequently, when the representation preferred by the petitioners did not yield any positive result, they filed O.P.No.9926/2001 before this Court which culminated in Ext.P2 judgment directing the 1st respondent to consider and finalise the matter as specified. The petitioner also relies on the subsequent resolution taken by the Panchayath on 14.1.2003 as well, as borne by Ext.P4 news report. It is seen that the 1st respondent had subsequently demolished the top portion of the compound wall as borne by Ext.P5 memorandum issued by the 1st respondent. The 2nd respondent has been directed to complete the work in connection with reconstruction of the compound wall by providing iron grill on the basement of the compound wall as aforesaid. Even though the grievance of the petitioners with regard to the loss of vision between the shops and the Bus Stand because of the construction of the compound wall has been watered down in view of the demolition W.P.(C).No.19785 of 2007 - E 3 of a part of the compound wall above the basement and providing by 'iron grill' over the same, the petitioners have got a further grievance that openings of adequate width have to be provided, so as to have easy access to the passengers and general public from the path way which is situated immediately on the eastern side of the compound wall. There is also a request from the petitioners to install 'iron bar' with 'chain fencing' as requested for vide Ext.P6 representation preferred before the 1st respondent. 4. Obviously, this is a matter coming within the exclusive domain of the 1st respondent and no interference by this Court is possible in any view of the matter. The petitioners having succeeded in projecting their grievance making the concerned local authority to pass necessary resolutions as borne by Exts.P1 and P3 and since they have already approached the 1st respondent for appropriate reliefs by filing Ext.P6 representation, it will only be fit and proper for the 1st respondent to consider the said representation and pass appropriate orders thereon. W.P.(C).No.19785 of 2007 - E 4 In the above facts and circumstances, the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Ext.P6 representation in accordance with law, as expeditiously as possible, and at any rate, within a period of three months, if the same is still pending. P.R.RAMACHANDRA MENON, JUDGE. bkn/-