State shall protect the interests of people: Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY THE 28TH DAY OF JANUARY 2021 8TH MAGHA 1942 WP(C).No.23497 OF 2014(S BINDU K K W O.ROY V.V. VALIYAPARAMBIL HOUSE PUTHUVYPE PUTHUVYPE P.O. Light House ROAD VYPIN ISLAND ERNAKULAM DISTRICT PIN 682 508 S O.STEPHAN THENGAPURACKAL HOUSE PUTHUVYPE PUTHUVYPE P.O. Light House ROAD VYPIN ISLAND ERNAKULAM DISTRICT PIN 682 508 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR TRANSPORT BHAVAN THIRUVANANTHAPURAM 695 001 DEPUTY TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION ERNAKULAM 682 016 REGIONAL TRANSPORT AUTHORITYDEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001 R1 TO R3 BY SRI.P.C.CHACKO STANDING COUNSEL KERALA STATE ROAD TRANSPORT CORPN R4 BY SRI.SURIN GEORGE IPE SENIOR GOVERNMENT PLEADER THIS WRIT PETITIONHAVING BEEN FINALLY HEARD ON 28 01 2021 THE COURT ON 28 01 2021 DELIVERED THE FOLLOWING WP(C).No.23497 OF 2014(S Dated this the 28th day of January 2021 SHAJI P.CHALY J This is a Public Interest Writ Petition filed by two residents of Vypeen Island seeking a writ of mandamus to the Kerala State Road Transport CorporationThiruvananthapuram and Deputy Transport Officer KSRTC Ernakulam to restore the trips of buses that were conducting services through the Light House junction in Puthuvype village Vypeen Island direct the KSRTC Thiruvananthapuram to instruct the 2nd respondent to run KSRTC buses in Vypeen Island direct the Regional Transport Authority Civil Station Kakkanad Kochi to grant necessary permits to the KSRTC to run buses through Light House junction in Vypeen Island and to run sufficient number of KSRTC buses between 8 p.m. and 6 a.m. through Vypeen Island and seeking other related 2. At the outset it is stated that the counsel for the petitioners Sri.Basil Attipetti is no more and though directions were issued as early as on 11 th March 2019 to inform the petitioners no steps are seen taken to do so. Bearing in mind the public interest involved in the matter on 25.1.2021 we directed the respondents 1 and 2 to file a counter affidavit and accordingly when the matter is taken up a counter affidavit is placed before us. WP(C).No.23497 OF 2014(S 3. Basic material facts discernible from the writ petition are as follows Though Vypeen Island is a very near place to the Kochi city and is one of the most thickly populated area having the large density of population sufficient services were not provided by the KSRTC for the convenient commutation of the residents of the island. Anyhow after prolonged demands and agitations KSRTC started bus services through Vypeen island via Puthuvype Light House area evident from Exts.P1 photograph and P2 public notice issued in regard to inauguration of a service which according to the petitioners was a great relief to the residents of Vypeen as well as Light House area. But KSRTC without assigning any reason abruptly stopped the KSRTC buses through the Light House area which is causing serious prejudice and difficulties to the people residing in the Light House area. 4. It is significantly pointed out that it has materially affected women passengers and students to reach Ernakulam and other parts of the city for their studies and work. Again it has been pointed out that even though buses are introduced by the KSRTC through Vypeen island it has not cared to extend the same to Light House junction and consequent to which the residents of that area have to cover a distance of 2.5 kms. by foot in order to reach the main junction to catch the buses. So also the service introduced by the KSRTC and stopped later was from 6 a.m. onwards which was a great relief to the people generally and especially to women workers who were depending on the WP(C).No.23497 OF 2014(S Kochi city. Petitioners have also produced certain paper reports in regard to the difficulties faced by the public of the Light House junction in order to substantiate their contentions. In the above backdrop it is predominantly submitted that the KSRTC has a duty and obligation to ensure transportation of the passengers to their convenience and advantage. 6. The 1st respondent represented by the Deputy Law Officer has filed a detailed counter affidavit denying the allegations made against them that sufficient services are provided by it through Vypeen Island. It has produced a list of services plying through Vypeen Island to various destinations touching the Kochi city and we find that they are 123 in numbers. It is also evident that the service starts from various destinations even at 4.55 a.m. and passes through the Island at material points of time so as to cater the needs of the travelling public of the Island 7. Anyhow it is admitted by the KSRTC that no services are extended to the Light House junction since the service started by the KSRTC touching the Light House junction was found to be not feasible due to dearth of passengers That apart it is stated that there is only a distance of 2 kms. from the Light House junction to Kalamukku junction through which all the services are being conducted and therefore it cannot be said that the KSRTC is not providing adequate services. Anyhow it is pointed out that due to lack of passengers during the pandemic COVID 19 period KSRTC has reduced the WP(C).No.23497 OF 2014(S number of services which was restored to a large extent after 19.5.2020. That apart it is submitted that KSRTC has started a service viz. bond service from Paravur to High Court Junction through Vypeen Island for the benefit of the staff of Advocate General s office etc. which has benefited to a lot of passengers apart from other beneficial services. Therefore according to KSRTC already sufficient number of services are provided to protect the interests of the residents of Vypeen area 8. We have perused the pleadings and materials on record and heard Sri.P.C.Chacko learned Standing Counsel for KSRTC 9. The details of services provided by the KSRTC along with its counter affidavit would make it explicit that KSRTC has provided sufficient services to various destinations through Vypeen Island which is numbering about 123 Therefore it cannot be said that sufficient services are not available in order to satisfy the requirements of the people of Vypeen Island. It is also clear from the schedule that the services are being operated from various destinations even at 4.55 a.m. in order to ensure that the passengers commuting are reaching the destinations to suit their convenience 10. However it is an admitted fact that even though a service was started by the KSRTC from Light House junction Puthuvypu later it was stopped due to dearth of passengers. It is also an admitted fact that the buses are passing through Kalamukku Junction which is approximately 2 Kms. away WP(C).No.23497 OF 2014(S from the Light House junction. But we find that sufficient materials are not on record to show the number of passengers from Light House junction in order to enable us to issue any positive directions to KSRTC to make available any service from the said junction. However fact remains services are started by the KSRTC taking into account the requirements of the public in order to protect their well being and interests which is often carried out by conducting due enquiries. We presume that when the KSRTC started one service from Light House junction it must have procured necessary details enabling it to finalise the schedule the cost feasibility etc. Anyhow there are no records before us to think that the service was stopped due to any other reason other than non availability of sufficient passengers to make the service at least break even. But we are of the view that the service from Light House junction was stopped by the KSRTC several years back and Vypeen Island being in close proximitywith Kochi city and due to its natural beauty many people must have put up their residence in that area also. In the light of the above and bearing in mind the duty and obligation of the State owned corporation to protect the interests of the people we dispose of the writ petition directing the 2nd respondent i.e. the Deputy Transport Officer KSRTC Ernakulam to conduct a field survey in regard to operation of a service from Light House junction at least during peak hours of the day so as to cater to the needs of the people residing in that area also at the earliest and at WP(C).No.23497 OF 2014(S any rate within a month from the date of receipt of a copy of this judgement and the parties would be guided by the decision taken accordingly. WP(C).No.23497 OF 2014(S PETITIONER S EXHIBITS EXHIBIT P1. PHOTOGRAPH SHOWING THE INAUGURATION AND WELCOMING TO K.S.R.T.C. BUSES ON 19.07.2013 BY THE PRESENT MLA AND THE PEOPLE OF PUTHUVYPE EXHIBIT P2. TRUE COPY OF NOTICE ISSUED BY THE PASSENGERS ON THE OCCASION OF THE INAUGURATION OF THE PLAYING OF K.S.R.T.C. BUS THROUGH Light House JUNCTION AT PUTHUVYPE NEAR THE SEASHORE DATED EXHIBIT P2(A). TRUE ENGLISH TRANSLATION OF EXHIBIT P3. TRUE COPY OF REPRESENTATION DATED 15.07.2014 SUBMITTED BY THE EXHIBIT P3(A). TRUE ENGLISH TRANSLATION OF EXHIBIT P4. TRUE COPY OF PAPER REPORT APPEARED IN THE HINDU DAILY DATED FEBRUARY 6 2011 EXHIBIT P5. TRUE COPY OF JUDGMENT IN W.P.(C)NO.6315 2011 DATED 22.03.2011 OF THIS HON BLE COURT

Summary: It is the obligation of the state owned corporation to protect the interests of people. The Road transportation corporation is a state owned corporation and it is their duty to ensure the facilities provided by them are in consonance with the interests of the people depending upon their transportation services. This proclamation was made by the Kerala High Court in the case of Bindu K K &amp; Sebastian T S vs Kerala State Road Transportation Corporation &amp; othrs. [WP(C).No.23497 OF 2014(S)]. In the instant case, this is a Public Interest Writ Petition filed by two residents of Vypeen Island seeking a writ of mandamus to the Kerala State Road Transport Corporation, Thiruvananthapuram and Deputy Transport Officer, KSRTC, Ernakulam, to restore the trips of buses that were conducting services through the Light House junction in Puthuvype village, Vypeen Island; direct the KSRTC and the Regional Transport Authority, Civil Station, Kochi, to grant necessary permits to the KSRTC to run buses through Light House junction in Vypeen Island and to run sufficient number of KSRTC buses between 8 p.m. and 6 a.m. through Vypeen Island, and seeking other related reliefs.