Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941 PETITIONER/S:
1 ABDUL GAFFAR AGED 42 YEARS S/O.AMANULLATU, 'AL-MARAI', PACHAIL MUKKU, KURUMBAYAM.P.O., KALLARA, THIRUVANANTHAURAM DISTRICT-695608. 2 MUHAMMED HASHIM AGED 48 YEARS S/O.ABDUL MAJEED, IRISHAD MANZIL, PANGOD.P.O., PANGODU, THIRUVANANTHAPURAM DISTRICT. 3 SURENDRAN NAIR, S/O.GOPI PILLAI, BLOCK NO.106, KOLLAIL.P.O., KOLLAIL, THIRUVANANTHAPURAM DISTRICT-691541. BY ADVS. SMT.SREEDEVI KYLASANATH SRI.ACHUTH KYLAS SRI.R.MAHESH MENON
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695001. 2 THE DISTRIC COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM DISTRICT-695001. 3 THE REGIONAL TRANSPORTER OFFICER, ATTINGAL DIVISION ATTINGAL, THIRUVANANTHAPURAM DISTRICT- 695001. 4 SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM DISTRICT-695101. 5 PANAGODU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANGODU-695609, THIRUVANANTHAPURAM. *6 ADDL.R6- REGIONAL TRANSPORT AUTHORITY NEAR TRANSPORT OFFICE, THIRUVANANTHAPURAM TRANSPORT BAHVAN, TALUK OFFICE ROAD, EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM DISTRICT-695011 (ADDL.R6 IMPLEADED AS PER ORDER DATED 18.3.2019 IN IA.NO.
*7 ADDL.R7- TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY ITS CHAIRMAN,PRESIDENT OF PANGODU GRAMA PANCHAYATH, PANGODU, THIRUVANANTHAPURAM DISTRICT,PIN- (ADDL.R7 IMPLEADED AS PER OFDER DATED 18.3.2019 IN IA.4/2019 IN WP(C)). R5 BY ADV. SRI.G.P.SHINOD R5 BY ADV. SRI.RAM MOHAN.G. R5 BY ADV. SRI.GOVIND PADMANAABHAN R5 BY ADV. SRI.AJIT G.ANJARLEKAR OTHER PRESENT: SRI G.P SHINOD-SC,SRI PAUL ABRAHAM VAKKANAL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners allege that a public bus stop, which had been so designated by the concerned respondents in the Pangodu Junction, near Panchayat Market coming within the territorial confines of the Pangodu Grama Panchayat, was shifted to another place without following due procedure. They say that this has caused undue hardship and prejudice to the residents of the locality, since they have to now travel long distances to catch public transport; and therefore, that they were constrained to make Exts.P3 and P4 representations before the said Panchayat seeking that the bus stop be reinstated. The petitioners, therefore, pray that the Pangodu Grama Panchayat be directed to take up their representations and dispose of the same.
2. In response, the learned Standing Counsel appearing
for the Pangodu Grama Panchayat, submits that the bus stop has been shifted on account of the extreme traffic congestion in the Pangodu Junction and therefore, that it may not be possible to accede to the petitioner's request. He thereafter, asserts that the petitioners do not have any locus to make this request, since the identification of the bus stops and its location are decided by the
competent Authorities, including the Panachayat, after deliberation and great amount of thought. He therefore, prays that no further orders be issued in this writ petition.
3. Even though I find some force in the submissions of
the learned Standing Counsel for the Panchayat and though I cannot conclusively find locus for the petitioners to seek the prayers as made in this writ petition, I deem it appropriate that the Secretary of the Grama Panchayat be directed to hear them also and to treat Exts.P3 and P4 as their suggestions with respect to the bus stop and then issue an appropriate order, either acceding to their request or rejecting it for specified reasons, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. I make it clear that I have not found any vested or statutory right for the petitioners to make Exts.P3 and P4 representations but that it is only in the fairness of things that they be given an opportunity to place their suggestions before the Secretary, for which purpose alone, the afore directions have been issued. This writ petition is thus ordered. SD/- DEVAN RAMACHANDRAN
rp JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE RTI APPLICATION DATED 27.11.2018. EXHIBIT P1 A A TRUE COPY OF THE REPLY TO THE RTI APPLICATION DATED 24.12.2018. EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 23.01.2019 EXHIBIT P2 A A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE COMPLAINT DATED 24/01/2019. EXHIBIT P3 A TRUE COPY OF THE MASS REPRESENTATION DATED NIL. EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED NIL. EXHIBIT P4 A A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF THE REPRESENTATION DATED 24/01/2019. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED EXHIBIT P5 A THE TRUE COPY OF THE POSTAL RECEIPTS DATED RESPONDENT'S/S EXHIBITS: EXHIBIT R5 A A TRUE COPY OF THE RELEVANT EXTRACT OF THE DETAILS REGARDING THE IST OF PROJECTS OF PANGODE GRAMA PANCHAYAT DURING THE PERIOD 2013-14 EXHIBIT R5 B A TRUE COPY OF THE RELEVANT EXTRACT OF THE APPROVED PROJECTS DURIGN THE APPROVED PROJECTS DURING THE PERIOD 2014-2015
EXHIBIT R5 C A TRUE COPY OF DECISION NO.2(4) IN THE MEETING HELD
BY THE PANCHAYAT COMMITTEE ON 13/7/2015