Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE3D DAY OF FEBRUARY201414TH MAGHA, 1935 WP(C).No. 24626 of 2010 (C) ---------------------------- PETITIONER: -------------------------- K.K.BUILDERS CIVIL ENGINEERING CONTRACTORS, PERAVOOR, KANNUR - 670673. REPRESENTED BY ITS MANAGING PARTNER K.K.MOHANDAS. RESIDING AT KOLANTHRA HOUSE MELMURIYODI P.O. PERAVOOR, KANNUR - 670673. BY ADVS.SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT S: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001.
2. KANNUR MUNICIPALITY, KANNUR - 670001. REPRESENTED BY ITS SECRETARY.
3. THE REGIONAL TRANSPORT AUTHORITY, KANNUR - 670001.
4. THE REGIONAL TRANSPORT OFFICER, KANNUR - 670001.
5. THE INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR - 670001.
6. SHRI V.J.SEBASTIAN, CHAIRMAN, BUS OPERATORS'ASSOCIATION CO-ORDINATION, COMMITTEE KANNUR - 670002. ADDL.R7. ALL INDIA YOUTH FEDERATION, CANNANORE DISTRICT COMMITTEE REP. BY ITS PRESIDENT, P. AJAYAKUMAR, S/O. LATE BHASKARAN WPC246262010 2 NE B9/9N SMARAKA BLDG. J.S. PAUL, RAJIV GANDHI ROAD KANNUR670001. ADDL. R7 IS IMPLEADED AS PER ORDER
DT. 9.11.10 IN I.A. NO. 13509/10. ADDL.R8. THE KANNUR MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRPERSON, MUNICIPAL OFFICER KANNUR. ADDL.R8 IS IMPLEADED AS PER ORDER
DT. 23.3.2011 IN IA495211. R1 & 3 TO5BY SR. GOVERNMENT PLEADER MR. P.M.SANEER R,R6 BY ADV. SRI.M.RAMESH CHANDER R,ADL.RES BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) R,ADDL.R7 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R,ADDL.R7 BY ADV. SRI.A.S.SAJUSH PAUL R,ADDL.R7 BY ADV. SRI.THOMAS JAMES MUNDACKAL R,ADDL.R7 BY ADV. SRI.BOBBY THOMAS R,ADDL.R7 BY ADV. SRI.M.L.JISHNU R,ADDL.R7 BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL) R,ADDL.R7 BY ADV. SMT.S.AMBILY R2 & 8 BY STANDING COUNSEL SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0302-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC246262010 3 APPENDIX: PETITIONER'S EXTS: P1: PHOTOCOPY OF REGISTRATION OF PARTNERSHIP FIRM AND DEED OF PARTNERSHIP DATED510.1994. P2: COPY OF RELEVANT PAGE OF TGENDER FORM REFERRRED TO IN THE WRIT PETITION. P3: COPY OF PAGES36& 37 OF CONCESSION AGREEMENT ENTEREDE INTO BETWEEN THE PETITIONER AND2D RESPONDENT ON2710.2004. P4: COPY OF TERM LOAN SANCTIONING LETTR DT. 29.4.2009 OF CHIEF MANAGER, FEDERAL BANK LTD. THALASSERY BRANCH TO THE PETITIONER. P5: PHOTOGRAPHS REFERRED TO IN THE WRIT PETITION. P6: COPY OF LETTER NO. 12930/01 DTD. 30.12.2008 OF THE2D RESPONDENT TO THE4H RESPONDENT. P7: COPY OF DECISION FO THE3D RESPONDENT DT. 16.3.2009. P8: COPY OF JUDGMENT
OF THIS COURT DATED74.2009 IN WPC93372009. P9: COPY OF OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT ON286.2010. P10: COPY OF DECISION DT. 30.6.2010 OF THE3D RESPONDENT. P11: COPY OF BUS STAND FEE COLLECTION REPORT OF THAVAKKARA BUS STAND AS ON2186.2010. P12: COPY OF DO DO AS ON257.2010. P13: DO DO DO AS ON307.2010 P14: COPY OF PETITION DT. 7.8.2010 SUBMITTED BY THE PETITIONER BEFORE THE5H RESPONDENT. KS. TRUE COPY P.S. TO JUDGE BABU MATHEW P. JOSEPH, J.
= = = == = = = = = = = = = = = = = = W.P.(C).No. 24626 of 2010 = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2014 JUDGMENT
The dispute raised in this writ petition is with regard to the use of Central Bus Terminal Complex at Thavakkara, Kannur, constructed by the petitioner on the basis of an agreement with the 2ndrespondent Municipality.
2. Heard the learned Senior Counsel appearing for the petitioner, learned Senior Government Pleader appearing for the respondents 1 and 3 to 5, learned Standing Counsel appearing for the respondents 2 and 8 and the learned counsel appearing for the 6th respondent. No representation for the 7th respondent.
3. Learned Senior Counsel appearing for the petitioner submits that the Central Bus Terminal Complex at 2 WPC246262010 Thavakkara, Kannur, has been constructed by the petitioner based on an agreement entered into between him and the 2nd respondent Municipality. As per the terms agreed between the parties, no other Bus Stand or Bus Terminal shall be operated by the Kannur Municipality within its territorial jurisdiction. Ext.P7 decision, regulating the bus traffic, has been taken without violating the said conditions incorporated in the agreement. But, subsequently, the 3rd respondent Regional Transport Authority issued Ext.P10 order in which the following direction has been issued: "The buses proceeding upto Thalassery, Mattannur and Kuthuparamba which are now starting from the BOT Bus Stand at Thavakkara shall proceed through the Ashirvad Hospital Road, Police Club Junction, Telephone Bhavan and enter the Old Municipal Bus Stand and pick up the passengers and proceed further." This is in violation of the agreement entered into between the Municipality and the petitioner. Ext.P10 decision has 3 WPC246262010 been taken without giving an opportunity of being heard to the Municipality. No decision, as contained in Ext.P10, can be taken in respect of the traffic within the territory of Kannur Municipality ignoring the terms agreed upon between the petitioner and the Municipality. In the light of the provisions contained in Rules 207 and 344 of the Kerala Motor Vehicles Rules, 1989, the 3rd respondent Regional Transport Authority ought to have given an opportunity of hearing to the 2nd respondent Municipality. But such a hearing was denied to the Municipality while issuing Ext.P10 order by the 3rd respondent, she further submits.
4. The present petitioner has filed W.P.(C).No. 12804/2010 in respect of the same matter before this Court which was disposed of by this Court as per judgment dated 1.4.2013. In that judgment, this Court directed the respondents 2 to 4 and the Superintendent of Police, Kannur, to scrupulously follow the decision exhibited as P7 in this writ petition as regards the traffic regulation and the 4 WPC246262010 use of Central Bus Terminal Complex. This Court further directed that Ext.P7 decision has to be followed unless and until the same is substituted by another. It was made clear that the 3rd respondent herein in consultation with the Traffic Advisory Committee was not disabled from taking a fresh decision as regards traffic regulation keeping in mind the interest of the builder also. Also directed that the Superintendent of Police, Kannur, should follow Ext.P7 decision unless and until it is varied in accordance with law. Ext.P10 order has been issued by the 3rd respondent revising Ext.P7. Since this Court finds substance in the submission made by the learned Senior Counsel for the petitioner that the Municipality should have been granted an opportunity of hearing before issuing Ext.P10 order by the 3rd respondent and also keeping in mind the directions issued by this Court in the judgment in W.P.(C).No.12804 of 2010, the following directions are issued disposing of this writ petition:
5. WPC246262010 1) The 3rd respondent Regional Transport Authority shall consider afresh the matter after giving an opportunity of being heard to the petitioner, 2nd respondent Kannur Municipality, 8th respondent Kannur Municipal Council and other affected parties who are to be heard according to the 3rd respondent and also in consultation with the Traffic Advisory Committee. For this purpose, the petitioner has to submit a detailed representation before the 3rd respondent raising all their grievances and contentions within 30 days from today. 2) The 3rd respondent shall consider afresh and dispose of the matter as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of such representation. This writ petition is disposed of as above. Sd/- BABU MATHEW P. JOSEPH JUDGE ks. 6 WPC246262010