IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 28435 of 2003(I) -------------------------- PETITIONER(S): --------------- MUHAMMAD MUSTHAFA, GENERAL SECRETARY, PAZHAYANGADI ARTS & SPORTS CLUB, REG. NO.390/90, KONDOTTY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): --------------- 1. KONDOTTY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KONDOTTY, MALAPPURAM DISTRICT. 2. REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 3. DISTRICT COLLECTOR, MALAPPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 R2 TO R4 BY G.P. SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPORT SUBMITTED BY THE REVENUE DIVISIONAL OFFICER NO. E 515/99 DATED 22.2.99 EXT.P2 TRUE COPY OF THE JUDGMENT IN OP 15382 OF 1993 DATED 19.11.93 EXT.P3 TRUE COPY OF THE ADVERTISEMENT APPEARED IN MADHYAMAM DAILY DATED 21.1.2003 EXT.P4 TRUE COPY OF THE SKETCH AND PLAN OF THE KONDOTTY TOWN. EXT.P5 TRUE COPY OF THE RESOLUTION ADOPTED BY THE PANCHAYATH ON 16.12.2002 EXT.P6 TRUE COPY OF THE RESOLUTION ADOPTED BY THE PANCHAYATH DATED 28.12.2002 EXT.P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE MASS REPRESENTATION SUBMITTED TO THE DISTRICT COLLECTOR AT THE INSTANCE OF THE VIKASANA FORUM. XT.P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE KONDOTTY PANCHAYATH DATED 31.1.2003 EXT.P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE KONDOTTY GRAMA PANCHAYATH DATED 25.1.2003 EXT.P10 TRUE COPY OF THE JUDGMENT IN OP 4841 OF 2003 PASSED BY THIS HON'BLE COURT. DATED 11.2.2003 EXT.P11 TRUE COPY OF THE COMMUNICATION DATED 21.7.2003 ISSUED BY THE DISTRICT COLLCTOR, MALAPPURAM. EXT P12 TRUE COPY OF THE ;REPORT MADE IN MALAYALAM DAILY IN KERALA KAUMUDI DATED 22.1.2003 EXT.P12(a) TRUE COPY OF THE REPORT MADE IN MALAYALAM DAILY IN KERALA KAUMUDI DATED 23.1.003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 28435 OF 2003 -------------------------------------------- Dated this the 6th day of August, 2009 JUDGMENT Petitioner has raised objection against the land identified by the Panchayath for construction of a bus-stand. Petitioner's case is that the land is not suita;ble for a bus-stand. Government Pleader submitted that though the matter is not strictly within the jurisdiction of the RTA, based on direction issued by this Court, suitability of the land was considered by the RTA. However, they have not been able to take a final decision. This WPC is pending for the last six years. It is not known whether bus-stand is already established by the Panchayath. However, if bus-stand is not so far estblished, there will be direction to the Panchayath to take into account the objection raised by the petitioner as well and identify the land suitable for bus-stand after consultation with the Executive Engineer of the PWD and the Superintendent of Police. Even though RTA has no role as such, since the District Collector is the authority finally approving acquisition of land for construction of the bus-stand, there will be direction to the 2 third respondent to consider suitability of the land and unless the land provides for wide road for access to it from the other roads, and there is sufficient space for vehicles to park, the District Collector should not permit opening of a bus-stand in small strip of land. In fact the Collector should critically examine the proposal of the Panchayath that is whether any of the members of the panchayath or any influential person has land very close to the proposed area, and if the proposal is to benefit that person, the same should not be accepted. In other words, public interest only should weigh with the Collector. W.P.C. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3